Legal – religious jurisprudence situation incompatible with the rights of legal possession by the vendor to the customer in the sales contract before realizing suspended against

Document Type : Original Article

Author

Department law, law Faculty, azad university,Noor, Iran

Abstract

The impact of the incident on future contract is suspended before realizing pending against, the origin is not achieved. For example, the pending sale, ownership will not be achieved for the customer. But the question, the answer to which is of great importance whether the right to sale for customer is created during suspension? If this is so, what is the nature of this contract and what seems to have on the right? In other words, what is the conflict with the right of legal possession by the vendor of legal situation? Some lawyers believe that this is some how initial customer s right, and this is not ownership rights, some lawyers believe during this period customer credit has ownership for his appropriate to the sales. And finally some of Imamiyeh jurisprudences believe the property are suspended for the customer. The legal jurisprudence in conflict whit the customer right on the status of legal possession by vendor, although most jurists and scholars have not commented, but some of the law professors don’t believe the importance of impenetrability of the contract. Our hypothesis in that the customer has an objective right. If the transaction is in conflict with vendor of the sale, the contract is pending status until the pending status against specified. In other words, in case of pending against, discovers the transaction was inofficius. But in case of lack of pending against discovers the conflict transaction was valid and binding

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