Legal And Jurisprudential Study Of The Commonalities And Differences Between The Legal Action Of Taking Possession And Delivery Of Object And The Temporal Symmetry Of These Two Legal Acts In The Contract Of Sale
Subject Areas : Islamic jurisprudenceSaleh Yamrali 1 , reza shahidi sadeghi 2
1 - Assistant Professor of Private Law, Department of Theology and Jurisprudence and Fundamentals of Law, Faculty of Humanities and Physical Education, Gonbad Kavos University, Gonbad Kavos, Iran.
2 - PhD student in private law, Department of Law, Faculty of Humanities, Gorgan Branch, Islamic Azad University, Gorgan, Iran.
Keywords: Contract of Sale, Civil Law, Jurisprudence, Taking Possession, Delivery, Temporal Symmetry.,
Abstract :
Reciprocal contracts are among the important and also widely used contracts in the legal and judicial systems as well as the social arena of countries that have been regulated since ancient times, especially in the field of law, especially in the field of private law and personal relations, contract law and Islamic jurisprudence which regulated and attentioned by legislators and Sharia has been holy. according to the Iranian legislator, the essential elements for the validity of a contract in reciprocal contracts have always been considered by the parties to the contract (contractors) so that the contract is considered valid and effective in conditions of legal and jurisprudential status. one of these essential elements the validity of contract and in particular the contract of sale, the existence of the object of the contract and necessity for seller ability to delivery of object to the other party to the contract and their taking possession in order to fulfill contractual obligations. In this article, the author has tried to briefly state the conditions and characteristics of legal actions of taking possession and delivery, and then discuss the differences and analytical discussions of the incident between lawyer and jurisconsult and in addition, to stating the differences between taking possession and delivery and to the contract of sale, wants to reach to a result and point of view on this matter.
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