ACCESSORIES TO THE OBJECT OF SALE

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ESMAILI MOHSEN; AQAMUSA TEHRANI REZA

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Journal Paper

Paper Information

Journal: ISLAMIC LAW RESEARCH JOURNAL Year:2011 | Volume:12 | Issue:1 (33) Page(s): 121-150

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Information Journal Paper

Title

ACCESSORIES TO THE OBJECT OF SALE

Author(s)

ESMAILI MOHSEN | AQAMUSA TEHRANI REZA | Issue Writer Certificate

Keywords

ACCESSORIES TO THE OBJECT OF SALEQ2

IMPLIED LEGAL TERMQ2

ACCESSORIES TO THE CONTRACTQ2

Abstract

All juridical acts including unilateral and bilateral contracts require the will and intention of individuals in their existence. In other words, first one should have a knowledge and awareness of a matter of fact and then his will or intention towards a juridical act would be formed. However, the Article 356 of the Civil Code is seemingly in conflict with these general rules. This Article explicitly reads that if something is considered an accessory to the object of sale, its ownership will be transferred to the purchaser even if the parties to the contract be ignorant to them and there has not been any intention concerning it.The present article deals with the following issues: Is the ruling of this Article contrary to the principal rule? Is it counted as an IMPLIED LEGAL TERM? Is IMPLIED LEGAL TERM essentially valid? Is this article consistent with the will and intention of the parties to the contract? Is this article far from the above foundations following another rule?

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APA: Copy

ESMAILI, MOHSEN, & AQAMUSA TEHRANI, REZA. (2011). ACCESSORIES TO THE OBJECT OF SALE. ISLAMIC LAW RESEARCH JOURNAL, 12(1 (33)), 121-150. SID. https://sid.ir/paper/229393/en

Vancouver: Copy

ESMAILI MOHSEN, AQAMUSA TEHRANI REZA. ACCESSORIES TO THE OBJECT OF SALE. ISLAMIC LAW RESEARCH JOURNAL[Internet]. 2011;12(1 (33)):121-150. Available from: https://sid.ir/paper/229393/en

IEEE: Copy

MOHSEN ESMAILI, and REZA AQAMUSA TEHRANI, “ACCESSORIES TO THE OBJECT OF SALE,” ISLAMIC LAW RESEARCH JOURNAL, vol. 12, no. 1 (33), pp. 121–150, 2011, [Online]. Available: https://sid.ir/paper/229393/en

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