جستجوی مقالات مرتبط با کلیدواژه « transactions with the right of restitution » در نشریات گروه « علوم انسانی »

The dissolution of contracts has many reasons. Some of the reasons for dissolution of contracts in Iranian and French law cause the termination of the transaction. Sale is a condition and condition is rescinded. In French law, the condition of rescission is similar to the option of a condition. It has not been done. Therefore, by using the descriptive-analytical method and by referring to the library and checking the available sources, we conducted a research in this field that basically what is the ratio between the condition of rescission and sale of the condition in the two laws. After the investigations, it was found that the condition of sale and the condition of cancellation are similar to each other in terms of the transfer effects on the sale and the price, but they are different in terms of authenticity and legitimacy in terms of narrative evidence, however, it seems that the legitimacy of the condition of cancellation Based on specific evidence indicating the condition of sale, it can be proved with a little tolerance. It was also found that the scope of influence and the possibility of cancellation of transactions based on the cancellation condition is more than the selling condition. In fact, the limits of authority to terminate the transaction in the sale of the condition are only in the seller's power and limited to the condition of transfer of the price, while in the condition of termination, the parties can cancel and there is no limit of transfer based on the condition of the price

Considering the strictness of the legislator in accepting the request for registration of real estates that are subject to transactions with the right of restitution and accepting the request for registration of such properties from the transferor pursuant to Article 33 of the Registration Law, except in cases where the confirmation of the transfer- The giver or the decision of the judicial authority from the transferee of the transferee's request for registration is accepted - on the condition that the right of restitution expires and the transferee's ownership is certain and no objection is received - it is clear that the legislator of registration, transactions with the right of restitution is not included in the transfer of ownership transactions and this issue indicates that in the registration law, transactions with the right of return and specifically, examples such as conditional sale, are not considered among the transfer of ownership items. Therefore, in this research, which was carried out with a descriptive-analytical method and a library method, this issue and the necessity of preserving the public interest from the point of view of the registration law, considering the prevalence of such transactions in the society, has been investigated and such a result It has been concluded that although according to Iran's civil law and the opinions of Shia jurisprudence scholars, conditional sale and other types of transactions with the right of restitution are valid contracts, However, in order to protect the public rights of the people of the society and to prevent the abuse of the benefited people and the exploitation of the needy class of the society, according to the provisions of Article 33 of the Registration Law, the legislator has decreed that in the case of real estates that are subject to transactions with the right of restitution, even in If the return deadline has expired and the property is in the hands of the transferee, the transferor's request for property registration will still be accepted.

Considering the strictness of the legislator in accepting the request for registration of real estates that are subject to transactions with the right of restitution and accepting the request for registration of such properties from the transferor pursuant to Article 33 of the Registration Law, except in cases where the confirmation of the transfer- The giver or the decision of the judicial authority from the transferee of the transferee's request for registration is accepted - on the condition that the right of restitution expires and the transferee's ownership is certain and no objection is received - it is clear that the legislator of registration, transactions with the right of restitution is not included in the transfer of ownership transactions, and this issue indicates that in the registration law, transactions with the right of return and specifically, examples such as conditional sale, are not considered among the transfer of ownership items. Therefore, in this research, which was carried out with a descriptive-analytical method and a library method, this issue and the necessity of preserving the public interest from the point of view of the registration law, considering the prevalence of such transactions in the society, has been investigated, and such a result It has been concluded that although according to Iran's civil law and the opinions of Shia jurisprudence scholars, conditional sale and other types of transactions with the right of restitution are valid contracts, However, in order to protect the public rights of the people of the society and to prevent the abuse of the benefited people and the exploitation of the needy class of the society, according to the provisions of Article 33 of the Registration Law, the legislator has decreed that in the case of real estates that are subject to transactions with the right of restitution, even in If the return deadline has expired and the property is in the hands of the transferee, the transferor's request for property registration will still be accepted.