Sale of intangible property Theory in pre-sale of the building

Jurists have attributed different natures to pre-sale contracts due to the fact that a sold property does not exist at the time the contract is entered into.In this study, the concept and nature of pre-sale are examined based on the intentions of the contractors and the theory of "an abstract sense of sale of property" in which there is a condition concerning construction of the building is suggested. According to this theory, a pre-sale contract is the sale of a specific unbuilt apartment, as well as a condition concerning giving concrete form to it (construction of a building).The relationship between the contract and the aforementioned condition is analyzed. As a result, it becomes clear that the effects of this contract are in accordance with the intentions of the parties and current customs, meeting the needs of today's society, including the immediate ownership of the purchaser over what already exists and will be completed later.