Consequences of the loss object of sale by the third party

Article 387 of the Civil Code provides: «If the object sold perishes before delivery، even without fault or neglect of the seller، the sale will be canceled and the consideration restored unless the seller has already applied to a magistrate or his substitute for the enforcement of the delivery، in which case the loss will be borne by the buyer only». Although the absoluteness of the rule of this Article includes the loss of the object of sale by a third party، there is no consensus in respect of consequences of the loss of the object of sale between the Shieh jurists and lawyers. Therefore، this paper will attempt to investigate and analyze the views of jurists and lawyers، and ultimately more logical view will be strengthened.