The Comparison of pre-sale contract with similar entities and recognition of its nature

Any contract whereby the pre-seller commits to construct or complete the specified building unit in accordance with the building plan and contractual features on one land and the said building unit at the due date and in exchange for the contractual amount being owned by the other party to the contract (pre-buyer), it is a “Building pre-sale contract”. The said contract while similar to some jurisprudential and legal entities, does not exactly comply with these recognized legal entities. The pre-sale contract has similarities with the contract of Predecessor sale, the contract of istisna'a, the contract of sale, the Suspended sales, the obligation to buy, the indefinite contract (private contract) but differs in some respects from these institutions. In this research, while comparing the pre-sale contract with each of the aforementioned entities and examining their similarities and differences, we will see that according to the existing provisions of the pre-sale building code adopted in 1389, the legislator, after defining the pre-sale contract, Mentioned the conditions And the legal effects of that contract, so it must be believed that the pre-sale contract is a definite contract with its own rules and conditions and has its own legal effects as a specific contract.