ANALYSIS OF DAARAK IN CIVIL CODE

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MOMENI SEYED SAEED; ASKARI seyed HEKMATOLLAH

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Journal: Legal Research Year:2019 | Volume:22 | Issue:85 Page(s): 293-320

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Information Journal Paper

Title

ANALYSIS OF DAARAK IN CIVIL CODE

Author(s)

MOMENI SEYED SAEED | ASKARI seyed HEKMATOLLAH | Issue Writer Certificate

Keywords

the goods belonging to a third personQ1

Ineffective correct sale concerning the goods of a third personQ1

Daarak in civil code.VitiationQ1

Abstract

Unauthorized transaction is lagally defined as a transaction the subject of which is others’ property. The legislator may consider some of them as voided (625. c. c) while others are regarded impervasive yet capable of pervasive(247c. c)and the rest are regarded as being correct but ineffective concerning the goods of third person– 223. 231c. c. in a correct sale contract(with the goods belonging to a third person)the ownership of seller is not condition in civil code. however, the commitment of principal unauthorized seller(183. c. c. ) is to obtain the consent of the owner. The violation of the above-mentioned commitment leads to a daarak in correct sale contract (a halt in vesting possessory of the goods to customer as the good is belonging to a third person)this is a loss of customer for not taking possession of the sold goods yet. accordingly the Daarak is not defendable. The violated commitment must be fulfilled, that is: The consent of owner is obtained. (390. c. c. ) concept of Daarak is not defined. it seems that Daarak as defined above is created in a correct ineffective kind capaple of giving possession of the goods, not any other genre of unauthorized transactions. The refusal of owner makes the contract vitiated as a non-tetrogression process.

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APA: Copy

MOMENI, SEYED SAEED, & ASKARI, seyed HEKMATOLLAH. (2019). ANALYSIS OF DAARAK IN CIVIL CODE. REVUE DE RECHERCHE JURIDIQUE, 22(85 ), 293-320. SID. https://sid.ir/paper/380360/en

Vancouver: Copy

MOMENI SEYED SAEED, ASKARI seyed HEKMATOLLAH. ANALYSIS OF DAARAK IN CIVIL CODE. REVUE DE RECHERCHE JURIDIQUE[Internet]. 2019;22(85 ):293-320. Available from: https://sid.ir/paper/380360/en

IEEE: Copy

SEYED SAEED MOMENI, and seyed HEKMATOLLAH ASKARI, “ANALYSIS OF DAARAK IN CIVIL CODE,” REVUE DE RECHERCHE JURIDIQUE, vol. 22, no. 85 , pp. 293–320, 2019, [Online]. Available: https://sid.ir/paper/380360/en

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