The Role of “Possession” in Unstable Contract by Option of Meeting Place (A Critique on Articles 450 and 451 of the Civil Code)
How to extinct option is one of the most important topics in options. The role of possession in the unstable contract by option of meeting place is the main question in this research which has been answered by descriptive-analytical method. According to the findings of this research: Firstly, the cr...
Saved in:
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | fas |
| Published: |
Razavi University of Islamic Sciences
2024-05-01
|
| Series: | آموزههای فقه مدني |
| Subjects: | |
| Online Access: | https://cjd.razavi.ac.ir/article_1814_1b7ad60c755de206d779268af474bfbd.pdf |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1849419355654193152 |
|---|---|
| author | mahdi moazami ahmad deylami |
| author_facet | mahdi moazami ahmad deylami |
| author_sort | mahdi moazami |
| collection | DOAJ |
| description | How to extinct option is one of the most important topics in options. The role of possession in the unstable contract by option of meeting place is the main question in this research which has been answered by descriptive-analytical method. According to the findings of this research: Firstly, the criterion for realization of the examples of possession is custom; secondly, possession is accepted as an extinguishing of the right of option of meeting place and thirdly, there is no need to obtain consent to the sale (Bayʿ) and waiving options for the realization of possession. In other words, the possession has subjectivity, not instrumentality (indicative characteristic); fourthly, up to the certainty of this ruling is the extinction of the option of meeting place by customer’s possession in the object of sale. However, there are different jurisprudential views regarding the generalization of its decree to seller’s possession (Article 450 of the Civil Code) in the consideration and customer’s possession in the object of sale, and buyer’s possession in the consideration (Article 451 of the Civil Code) and other options. This is despite the fact that Civil Code accepts possession’s extinguishing of all options in articles 450 and 451 of the Civil Code. The generalization of this law to all options in the mentioned articles seems to be criticized. |
| format | Article |
| id | doaj-art-3bfbe178f4ce408a89485552b4604002 |
| institution | Kabale University |
| issn | 2251-936X 2783-3690 |
| language | fas |
| publishDate | 2024-05-01 |
| publisher | Razavi University of Islamic Sciences |
| record_format | Article |
| series | آموزههای فقه مدني |
| spelling | doaj-art-3bfbe178f4ce408a89485552b46040022025-08-20T03:32:08ZfasRazavi University of Islamic Sciencesآموزههای فقه مدني2251-936X2783-36902024-05-01162922725110.30513/cjd.2023.4411.17371814The Role of “Possession” in Unstable Contract by Option of Meeting Place (A Critique on Articles 450 and 451 of the Civil Code)mahdi moazami0ahmad deylami1Assistant professor, Dept. of Law, Faculty of Humanities, Ayatollah Boroujerdi University, Borujerd, IranAssociate professor, Dept. of Private Law, Faculty of Law, University of Qom, Qom, IranHow to extinct option is one of the most important topics in options. The role of possession in the unstable contract by option of meeting place is the main question in this research which has been answered by descriptive-analytical method. According to the findings of this research: Firstly, the criterion for realization of the examples of possession is custom; secondly, possession is accepted as an extinguishing of the right of option of meeting place and thirdly, there is no need to obtain consent to the sale (Bayʿ) and waiving options for the realization of possession. In other words, the possession has subjectivity, not instrumentality (indicative characteristic); fourthly, up to the certainty of this ruling is the extinction of the option of meeting place by customer’s possession in the object of sale. However, there are different jurisprudential views regarding the generalization of its decree to seller’s possession (Article 450 of the Civil Code) in the consideration and customer’s possession in the object of sale, and buyer’s possession in the consideration (Article 451 of the Civil Code) and other options. This is despite the fact that Civil Code accepts possession’s extinguishing of all options in articles 450 and 451 of the Civil Code. The generalization of this law to all options in the mentioned articles seems to be criticized.https://cjd.razavi.ac.ir/article_1814_1b7ad60c755de206d779268af474bfbd.pdfpossessionoption of meeting placeunstable contractbinding power of contracttermination of contract |
| spellingShingle | mahdi moazami ahmad deylami The Role of “Possession” in Unstable Contract by Option of Meeting Place (A Critique on Articles 450 and 451 of the Civil Code) آموزههای فقه مدني possession option of meeting place unstable contract binding power of contract termination of contract |
| title | The Role of “Possession” in Unstable Contract by Option of Meeting Place (A Critique on Articles 450 and 451 of the Civil Code) |
| title_full | The Role of “Possession” in Unstable Contract by Option of Meeting Place (A Critique on Articles 450 and 451 of the Civil Code) |
| title_fullStr | The Role of “Possession” in Unstable Contract by Option of Meeting Place (A Critique on Articles 450 and 451 of the Civil Code) |
| title_full_unstemmed | The Role of “Possession” in Unstable Contract by Option of Meeting Place (A Critique on Articles 450 and 451 of the Civil Code) |
| title_short | The Role of “Possession” in Unstable Contract by Option of Meeting Place (A Critique on Articles 450 and 451 of the Civil Code) |
| title_sort | role of possession in unstable contract by option of meeting place a critique on articles 450 and 451 of the civil code |
| topic | possession option of meeting place unstable contract binding power of contract termination of contract |
| url | https://cjd.razavi.ac.ir/article_1814_1b7ad60c755de206d779268af474bfbd.pdf |
| work_keys_str_mv | AT mahdimoazami theroleofpossessioninunstablecontractbyoptionofmeetingplaceacritiqueonarticles450and451ofthecivilcode AT ahmaddeylami theroleofpossessioninunstablecontractbyoptionofmeetingplaceacritiqueonarticles450and451ofthecivilcode AT mahdimoazami roleofpossessioninunstablecontractbyoptionofmeetingplaceacritiqueonarticles450and451ofthecivilcode AT ahmaddeylami roleofpossessioninunstablecontractbyoptionofmeetingplaceacritiqueonarticles450and451ofthecivilcode |