The Legislative and Jurisprudential Scope of Transaction With the Right of Restitution and Conditional Sale in Iranian and Eygption Laws

The legislative and jurisprudential scope of conditional sale and the right of restitution can be examined in laws and texts of Imamiyya and Hanafi jurisprudence. There have been different opinions about conditional sale and the right of restitution  which indicate that the terms and rules are the same and at the same time different. In addition, different views have been accepted in terms of both law and jurisprudence . 

Method and Materials: 

The present paper is descriptive_analytical.

 Ethical Considerations :

 In writing present paper, the principles of text originality, honesty and trustworthiness have been observed. 

In Iranian law, the scope of subject matter is consistent with civil law, registration and Imamyya  jurisprudence and in Egyptian law, it is based on  Hanafi jurisprudence and civil law. 

In Iranian Law, the legislative scope have been mentioned  in articles 33 and 34 of civil registration and judicial procedure law and in Egyptian law, the right of restitutin, since the customer is not the owner, he must reject it and the seller has the right  to  refund and demand  the object of sale without observing the period.In Iranian  law, the sale is one of the mortgage orders. However, transaction with the right of restitution has been quite different from mortgage rules.