A Study Of Pass Of Risk And Its Review In Case Of Customer-Specific Options
Subject Areas : Civil Law
ziba
mirzaaqazadeh
1
(Master's student in Private Law, Department of Law, Faculty of Persian Sciences and Literature, Gilan University, Rasht, Iran.)
Reza
Maghsoody
2
(Associate Professor of Private Law, Department of Law, Faculty of Persian Sciences and Literature, Gilan University, Rasht, Iran.)
Keywords: Exchange Guarantee, Sales Loss, Surrender, Celestial Pests, Customer-specific Options.,
Abstract :
In case of contract of sale until the receipt is made, the guarantee will be the responsibility of the seller and in case of loss, the seller guarantee will be an example of the rule of loss of the seller before the receipt, but the rule of loss in the optional land will not be optional. This is a challenge because according to this rule, despite the possibility of a bill, but under certain conditions, in case of customer-specific options, the loss will still be the responsibility of the seller, ie the party that does not have the option and the right to cancel will be responsible for the loss. The rule is contrary to the requirements of ownership. It should be sufficient with certainty and it should be considered as only three animal options, a condition and a parliament.
Tababaei, Seyyed Mohammad Sadegh, Khosrowabadi, Nasrallah,(2009), jurisprudential review of the
rule of loss of sale in the time of cucumbers, 6th year, 19th issue.
Olomi Yazdi, Hamidreza(2010), the concept of risk and its relationship with the transfer of ownership
and risk (guarantee in exchange) in the contract of sale.
Arabian, Asghar, Khodabakhshi, Hassan,(2012), Guarantee of exchange and its effects in the rule of loss
of sale before receipt, Pezohesh Nameh Fiqh and Islamic Law, Year 5, Number 10,Pp. 27-51.
Chekandinejad, Ali,(2013), the ruling on the loss of the transaction in the time of option.
Bariklo, Alireza, the condition of performance of the seller's obligation to the submission of the
buyer, 10th year, number 38.
Bayat, Farhad, Bayat, Shirin,(2018), Comprehensive Description of Civil Law, 17th edition.
Hashemi Rad, Mohammad, reviewing the principle of loss (al-talaf fi zaman al-khiyar la khiyar
lahu) in terms of the three concepts of loss, choice, and time.
Mohagheq Damad, Seyyed Mustafa,(2012), Jurisprudence Rules, Volume 2.
Heydari, Hossein, Mehrdost, Sadegh, (2019),transfer of exchange guarantee in the contract of carriage
of sold goods, Interdisciplinary Research Quarterly