Jurisprudential legal study of rule of wasted object before taking and its effect on the Ownership transfer

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Khakinahad Mohsen; Rajabzadeh Alireza; Mazloom Rahni Alireza

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Journal Paper

Paper Information

Journal: ECONOMIC JURISPRUDENCE STUDIES Year:2022 | Volume:4 | Issue:2 Page(s): 181-200

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Information Journal Paper

Title

Jurisprudential legal study of rule of wasted object before taking and its effect on the Ownership transfer

Author(s)

Khakinahad Mohsen | Rajabzadeh Alireza | Mazloom Rahni Alireza | Issue Writer Certificate

Keywords

Contract of Sale

Loss of Seller before Receipt

Ownership Transfer

Cession

Commutative Warranty

Abstract

Background and Aim: The issue of Ownership Transfer and loss of property before receipt is one of the issues in today's transactions that the study of its concept and on the Ownership Transfer effects is necessary and this article this issue studies. Materials and Methods: This paper is descriptive-analytical and the library method is used. Ethical considerations: In this paper, the originality of the texts, honesty, and trustworthiness have been observed. Results: In the sale, as soon as the contract occurs, the seller is the owner of the price and the customer is the owner of the seller. but according to rule of wasted object before taking, the seller loses the seller's property and not the customer's property. It is known as a seller The Ownership to the buyer as a result of the contract is transferred. But the exchange Commutative Warranty remains with the seller until Cession is made. Conclusion: The Contract of Sale, is a clear example of Proprietary contracts. Before Cession, if the sale is lost, the seller must return the price for the lost property to the buyer has received. The presence of cucumber makes the Commutative Warranty even with Cession not disappear. Therefore, the presence of cucumber in the Contract of Sale means that even with the surrender, the guarantee of the seller against the loss of the seller is not lost.

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APA: Copy

Khakinahad, Mohsen, Rajabzadeh, Alireza, & Mazloom Rahni, Alireza. (2022). Jurisprudential legal study of rule of wasted object before taking and its effect on the Ownership transfer. ECONOMIC JURISPRUDENCE STUDIES, 4(2 ), 181-200. SID. https://sid.ir/paper/959705/en

Vancouver: Copy

Khakinahad Mohsen, Rajabzadeh Alireza, Mazloom Rahni Alireza. Jurisprudential legal study of rule of wasted object before taking and its effect on the Ownership transfer. ECONOMIC JURISPRUDENCE STUDIES[Internet]. 2022;4(2 ):181-200. Available from: https://sid.ir/paper/959705/en

IEEE: Copy

Mohsen Khakinahad, Alireza Rajabzadeh, and Alireza Mazloom Rahni, “Jurisprudential legal study of rule of wasted object before taking and its effect on the Ownership transfer,” ECONOMIC JURISPRUDENCE STUDIES, vol. 4, no. 2 , pp. 181–200, 2022, [Online]. Available: https://sid.ir/paper/959705/en

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