Abdul Khaleq Qasemi, Ibrahim Rezaei, and Sadeq Baqeri
Volume 5 Issue 1 | Dec 2023
DOI: 10.31841/KJL.2023.24
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Abstract
In general, there is no difference of opinion between jurists and lawyers regarding ownership in the sale contract; they consider ownership to be a requirement of the nature of the sale and its most important legal effect. Despite this, in the case of a sale, where the good is a general concept of a commodity, there has been a disagreement about its nature; some lawyers consider this type of contract as a contract based on commitment and promise, others consider it as a possessive contract, and other lawyers consider it to have a dual nature. The difference between jurists in this matter is less; most of them consider this type of sale to be possessive in nature. In this article, the theories of jurists and lawyers have been criticized and analyzed using the analytical-descriptive method and library sources. The result of the research is that this type of sale is basically possessive in nature; however, due
to the generality of the good that is sold and the lack of identification, the transfer of ownership faces a problem. This challenge is removed by determining the goods and their delivery.
Keywords: General sales contract, acquisition, suspension, surrender, transfer of ownership