Legal-Judicial Investigation of the Impact of Termination of Transaction Based on Subsequent Transaction

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ZAREI REZA; RAHIMI LEILA

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Journal Paper

Paper Information

Journal: JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES Year:2019 | Volume:15 | Issue:57 Page(s): 95-116

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Information Journal Paper

Title

Legal-Judicial Investigation of the Impact of Termination of Transaction Based on Subsequent Transaction

Author(s)

ZAREI REZA | RAHIMI LEILA | Issue Writer Certificate

Keywords

TerminationQ1

Base transactionQ1

Subsequent transactionQ1

PossessionQ2

Third party rightsQ1

Abstract

The main axis of this writing and what causes dispute are that in some cases after the fact of two or more successive transactions towards the object of transaction, the transferor of ownership measures for Termination of Base transaction. Lawyers and tribunals have not consensus in confronting such a case and concerning the circumstances of Possession of first purchaser and consecutive possessors, so they issue contradictory judgments that will harm the rights of the third party beneficiary. Hesitation about set of related articles to this subject in civil code especially article 454 and also scrutiny in scholars and lawyers make it clear that legislature follows opinions of lawyers and scholars that separate legal options and contractual options from each other and makes his Possessions not operative but it should be noted about executing legal options by beneficiary of an option that the above-mentioned Possession is in lieu of property destruction of contract subject due to validity of Possessions by the customer. Therefore, vendor is merely entitled of counterfeit. We tried to consider that various promises and divergence of Islamic jurisprudence and subjected law are classified according to nature of aforesaid Possession. They are analyzed by explaining foundations and their side effects and relying on legal provisions and rules and they are also explained correctly. So, the influence of the present analyze on application step (judicial precedent) is undeniable.

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APA: Copy

ZAREI, REZA, & RAHIMI, LEILA. (2019). Legal-Judicial Investigation of the Impact of Termination of Transaction Based on Subsequent Transaction. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, 15(57 ), 95-116. SID. https://sid.ir/paper/134391/en

Vancouver: Copy

ZAREI REZA, RAHIMI LEILA. Legal-Judicial Investigation of the Impact of Termination of Transaction Based on Subsequent Transaction. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES[Internet]. 2019;15(57 ):95-116. Available from: https://sid.ir/paper/134391/en

IEEE: Copy

REZA ZAREI, and LEILA RAHIMI, “Legal-Judicial Investigation of the Impact of Termination of Transaction Based on Subsequent Transaction,” JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, vol. 15, no. 57 , pp. 95–116, 2019, [Online]. Available: https://sid.ir/paper/134391/en

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