نوع مقاله : مقاله پژوهشی
نویسنده
گروه حقوق، دانشگاه علوم اسلامی رضوی، مشهد مقدس، خراسان رضوی، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
According to the prevalent view of jurists and the Iranian Civil Code, in a sale contract, ownership of the sold item is transferred to the buyer and ownership of the price is transferred to the seller immediately upon conclusion of the contract. One of the effects of this transfer of ownership is that the contracting party can perform any type of possession on the consideration received. Now, if in the contract, one of the parties has the right of option (khiyar); in this case, what is the status of the possessions of the party who does not have the right of option, on the consideration they have received? This question becomes particularly important when the other party wants to make a possession on the contractual consideration that necessitates the destruction of the property or its transfer and removal from access.
Jurists do not have a unified view in response to this question; some reject the possessions of the party against whom the option exists, while others absolutely rule in favor of permitting possessions, and finally, some differentiate between statutory and contractual options.
کلیدواژهها [English]
