Pre-sale of a Building as an Abstract Sense of Sale of Specific Property

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Dasmah Ardeshir; Davoodi Beyragh Hosein; KARIMI SAHAR

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Journal: QUARTERLY OF LEGAL ENCYCLOPEDIAS Year:2022 | Volume:5 | Issue:14 Page(s): 78-104

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Title

Pre-sale of a Building as an Abstract Sense of Sale of Specific Property

Author(s)

Dasmah Ardeshir | Davoodi Beyragh Hosein | KARIMI SAHAR | Issue Writer Certificate

Keywords

pre-sale contracts

abstract sense of property

sale

unbuilt apartment

Abstract

Jurists have attributed different natures to pre-sale contracts due to the fact that a sold property does not exist at the time the contract is entered into. In this study, the concept and nature of pre-sale are examined based on the intentions of the contractors and the theory of "an abstract sense of sale of property" in which there is a condition concerning construction of the building is suggested. According to this theory, a pre-sale contract is the sale of a specific unbuilt apartment, as well as a condition concerning giving concrete form to it (construction of a building). The relationship between the contract and the aforementioned condition is analyzed. As a result, it becomes clear that the effects of this contract are in accordance with the intentions of the parties and current customs, meeting the needs of today's society, including the immediate ownership of the purchaser over what already exists and will be completed later.

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APA: Copy

Dasmah, Ardeshir, Davoodi Beyragh, Hosein, & KARIMI, SAHAR. (2022). Pre-sale of a Building as an Abstract Sense of Sale of Specific Property. QUARTERLY OF LEGAL ENCYCLOPEDIAS, 5(14 ), 78-104. SID. https://sid.ir/paper/965643/en

Vancouver: Copy

Dasmah Ardeshir, Davoodi Beyragh Hosein, KARIMI SAHAR. Pre-sale of a Building as an Abstract Sense of Sale of Specific Property. QUARTERLY OF LEGAL ENCYCLOPEDIAS[Internet]. 2022;5(14 ):78-104. Available from: https://sid.ir/paper/965643/en

IEEE: Copy

Ardeshir Dasmah, Hosein Davoodi Beyragh, and SAHAR KARIMI, “Pre-sale of a Building as an Abstract Sense of Sale of Specific Property,” QUARTERLY OF LEGAL ENCYCLOPEDIAS, vol. 5, no. 14 , pp. 78–104, 2022, [Online]. Available: https://sid.ir/paper/965643/en

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