A COMPARATIVE STUDY ON THE EFFECT OF DELIVERY ON THE GENERIC GOODS OWNERSHIP TRANSFER IN ISLAMIC JURISPRUDENCE, IRANIAN, EGYPTIAN, AND ENGLISH LAW AND CISG

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MOHAGHEGH DAMAD SEYYED MOSTAFA; AHMADI FAR RASOUL

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Journal: Journal of Comparative Law Year:2013 | Volume:9 (19) | Issue:1 (97) Page(s): 89-104

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Title

A COMPARATIVE STUDY ON THE EFFECT OF DELIVERY ON THE GENERIC GOODS OWNERSHIP TRANSFER IN ISLAMIC JURISPRUDENCE, IRANIAN, EGYPTIAN, AND ENGLISH LAW AND CISG

Author(s)

MOHAGHEGH DAMAD SEYYED MOSTAFA | AHMADI FAR RASOUL | Issue Writer Certificate

Keywords

SALE OF GENERIC GOODSQ2

DELIVERYQ2

DELIVERY EFFECTQ2

DELIVERY EFFECT IN THE SALE OF GENERIC GOODSQ2

OWNERSHIP TRANSFER IN THE CASE OF GENERIC GOODSQ2

Abstract

In Iranian Civil Code, DELIVERY of goods has no effect on ownership and its effect is limited to risk transfer (Article 387 I. C. C.). In paragraph 1 of Article 362, on sales contracts, Iranian legislator indicates, with regards to ownership transfer, that in generic goods sales, due to lack of tangible general goods, ownership will not transfer to buyer.If seller has a undertaken to provide general goods to buyer, it can be assumed that ownership of goods will transfer upon DELIVERY to buyer. A portion of the contract may contain an agreement to define the goods that are subject of the contract before DELIVERY. In this case, the goods assigned to buyer belong to him and buyer may take possession of goods without seller's permission. As a consequence, the defining and assigning of goods in such contracts will indicate ownership transfer rather than DELIVERY. If in the time of DELIVERY, goods were not assigned and defined as a specific contract, DELIVERY will be poof of ownership. In such sales and risk transfer, DELIVERY will indicate (establish) ownership transfer.In Egyptian Law, in addition to risk transfer, DELIVERY establishes ownership transfer even though no assignment has been occurred.In English law, DELIVERY will not establish risk transfer nor ownership transfer unless the generic goods are assigned prior to or during DELIVERY. In CISG, the issue of ownership transfer is referred to national law.

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APA: Copy

MOHAGHEGH DAMAD, SEYYED MOSTAFA, & AHMADI FAR, RASOUL. (2013). A COMPARATIVE STUDY ON THE EFFECT OF DELIVERY ON THE GENERIC GOODS OWNERSHIP TRANSFER IN ISLAMIC JURISPRUDENCE, IRANIAN, EGYPTIAN, AND ENGLISH LAW AND CISG. COMPARATIVE LAW (NAMEH-YE MOFID), 9 (19)(1 (97)), 89-104. SID. https://sid.ir/paper/219114/en

Vancouver: Copy

MOHAGHEGH DAMAD SEYYED MOSTAFA, AHMADI FAR RASOUL. A COMPARATIVE STUDY ON THE EFFECT OF DELIVERY ON THE GENERIC GOODS OWNERSHIP TRANSFER IN ISLAMIC JURISPRUDENCE, IRANIAN, EGYPTIAN, AND ENGLISH LAW AND CISG. COMPARATIVE LAW (NAMEH-YE MOFID)[Internet]. 2013;9 (19)(1 (97)):89-104. Available from: https://sid.ir/paper/219114/en

IEEE: Copy

SEYYED MOSTAFA MOHAGHEGH DAMAD, and RASOUL AHMADI FAR, “A COMPARATIVE STUDY ON THE EFFECT OF DELIVERY ON THE GENERIC GOODS OWNERSHIP TRANSFER IN ISLAMIC JURISPRUDENCE, IRANIAN, EGYPTIAN, AND ENGLISH LAW AND CISG,” COMPARATIVE LAW (NAMEH-YE MOFID), vol. 9 (19), no. 1 (97), pp. 89–104, 2013, [Online]. Available: https://sid.ir/paper/219114/en

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