Ownership in the Sale of Goods in General

Abdul Khaleq Qasemi, Ibrahim Rezaei, and Sadeq Baqeri

Ownership in the Sale of Goods in General

Abdul Khaleq Qasemi, Ibrahim Rezaei, and Sadeq Baqeri

Volume 5 Issue 1 | Dec 2023

DOI: 10.31841/KJL.2023.24

Total Downloads: 18

Download PDF

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