AREA DIFFERENCE IN ADVANCE-SOLD BUILDINGS: THE INEFFICIENCY OF GENERAL RULES IN PROTECTING WEAK PARTY OF CONTRACT

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TAHMASEBI ALI

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Journal: CIVIL LAW KNOWLEDGE Year:2012 | Volume:1 | Issue:1 Page(s): 15-26

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Title

AREA DIFFERENCE IN ADVANCE-SOLD BUILDINGS: THE INEFFICIENCY OF GENERAL RULES IN PROTECTING WEAK PARTY OF CONTRACT

Author(s)

TAHMASEBI ALI | Issue Writer Certificate

Keywords

WEAK PARTY OF CONTRACTQ2

VENDORQ2

ADVANCE BUYERQ2

SHORT SALE OF BUILDINGQ2

AREAQ2

CURRENT PRICEQ2

Abstract

Persons are allowed to make a contract whatsoever they want provided that it is not against mandatory rules, at the same time policy makers bear in mind protecting WEAK PARTY OF CONTRACT that may not become actualized in the shadow of freedom of contract. Legislator has decided to protect buyer in the Act relating to contract of short sale of a building to be erected. In these contracts the subject matter of contract does not usually exist at the time of concluding contracts and parties agree to be made it in the future. Consequently AREA of the erected building may differ from what was agreed.Sometime the AREA is more the agreed one that may be to five or more than five percent and solely ADVANCE BUYER may rescind the contract in latter case. In the same manner, it is possible that the AREA is less than agreed one which shortage may be to five or more than five percent and only in this case ADVANCE BUYER can rescind the contract. Furthermore in the case of rescission he receives the CURRENT PRICE of building. So it can be said that legislator envisaged protecting ADVANCE BUYER against VENDOR through enacting this act.

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APA: Copy

TAHMASEBI, ALI. (2012). AREA DIFFERENCE IN ADVANCE-SOLD BUILDINGS: THE INEFFICIENCY OF GENERAL RULES IN PROTECTING WEAK PARTY OF CONTRACT. CIVIL LAW KNOWLEDGE, 1(1), 15-26. SID. https://sid.ir/paper/245942/en

Vancouver: Copy

TAHMASEBI ALI. AREA DIFFERENCE IN ADVANCE-SOLD BUILDINGS: THE INEFFICIENCY OF GENERAL RULES IN PROTECTING WEAK PARTY OF CONTRACT. CIVIL LAW KNOWLEDGE[Internet]. 2012;1(1):15-26. Available from: https://sid.ir/paper/245942/en

IEEE: Copy

ALI TAHMASEBI, “AREA DIFFERENCE IN ADVANCE-SOLD BUILDINGS: THE INEFFICIENCY OF GENERAL RULES IN PROTECTING WEAK PARTY OF CONTRACT,” CIVIL LAW KNOWLEDGE, vol. 1, no. 1, pp. 15–26, 2012, [Online]. Available: https://sid.ir/paper/245942/en

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