A Comparative Study of Power to Deliver Price and Object of Sale in View of Imam Khomeini and Sheikh Ansari

A sale contract will be valid only when the vendor and the buyer are given the power to give the possession of the object of obligation to each other in right time and place. The issue of the term of authority or power to deliver comprises of two other minor issues: the authority to deliver, and knowledge of the parties on this authority. Therefore, if the two parties have the knowledge on the power while signing the contract, but find out after conclusion of the contract that there was no authority and they have made a mistake, the contract shall be deemed null and void. This is because one of the two requirements, i.e. power to deliver, is absent and such a contract will be a deceptive deal. Due to unknown state of the deal or the wrong conceptions of the two parties when signing the contract, a deceptive deal can cause conflict between the parties. Moreover, concluding a contract with prior knowledge on lack of authority for delivery will be an unreasonable transaction. The cases covered in this research work are the following: fundamentals of the requisite for power to deliver object of transaction, deception and ignorance that make a contract null and void, and “is deception absolutely enough for nullity of a contract or it is negligible in some cases?” Are the real authority on delivery and the knowledge of the parties on this authority required – so that the absence of either would nullify the contract – or knowledge of the parties on power to deliver is not the requisite for validity of the contract?