Abstract
According to some commentators of the Iranian Civil Code, the definition of sale stated in Article 183 is influenced by Article 1101 of French Civil Code. They have concluded that the essence of sale is confined to mutual consent, i.e. the sale would not be valid without the consent of either party. They have taken even a step further and considered the contents of Article 338 of the civil code, which describes contract of sale, contradictory to Article 183 and argued that the sale of a specified concrete object is not contained in Article 183 while the sale of unascertained goods is obliged to that article. They believe that the definition of Article 183 of civil code excludes not only all commitments, but also swap contracts because there are two mutual commitments and two agreeing legal contracts in a swap contract while there is no mentioning of them in Article 183. However, the objections are not rightfully lodged because first, the contracts and obligations are not incompatible with the definition of Article 338 as the seller and the buyer within a contract of sale are obliged to give authority to the other party over the object of sale or the price. It means that there are two commitments and the obligation of the seller to give authority over the object of sale appears in two ways: (A) dominion over concrete object while making a transaction and (B) dominion over non-specified object with the obligation that it does not attend to fulfil possession by the time of the sale. Secondly, Article 183 contains the phrase “their acceptance” which includes swap contract too because this phrase indicates that the acceptance is mutual.
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Notes
Jafari Langroudi [4, p. 10].
The Holy Quran, Al-Falaq, Verse 4.
Aliabadi [7 p. 4].
Jafari Langroudi [5, first edition, p. 1].
Dr. Mohammad Jafar Jafari Langroudi, Philosophy of the Civic Code (p. 8).
Dr. Mohammad Jafar Jafari Langroudi, Philosophy of the Civic Code (Volume 1: General elements of contracts; p. 11).
Ibid, p. 12.
Ibid, p. 11.
Ibid, p. 14.
Ibid, pp. 13–14.
Ibid, p. 14.
References
Jafari Langroudi, M.J. 2003. Falsafeie A’laa dar Elme Hoghoogh [Higher Philosophy in Law]. 1st ed. Tehran: Ganj-e Danesh.
Katouzian, N. 1993. The Civil Law, vol. 1, 2nd ed. Tehran: Modarres Publication.
Jafari Langroudi, M.J. 2003. Philosophy of Civil Code. Tehran: Ganj-e Danesh.
Ibn Manzur. 1986. Lisan al-Arab. 1st ed. Bairunt: Dar al-Haya al-Toras al-Arabi.
The Holy Quran. 2004. (trans: Ansarian, H.). 1st ed. Qom: Chapkhane-ye Bozorg-e Quran.
Aliabadi, A. 2002. Ijad va Soghoote Ta’ahhodate Nashi az Aghd dar Hoghooghe Eslami [Creation and Termination of Obligations Resulting from Contracts in the Islamic Law]. 1st ed. Tehran: University of Tehran.
Dehkhoda, A.A. 1998. Loghatnameh [The Dictionary]. 2nd ed. Tehran: University of Tehran.
Gharavi Isfahani, M.H. 1996. Hashieh bar Makaseb [Annotations on Makasib]. 1st ed. Qom: Mohaqeq Publications.
Naraqi, A. 1986. Awaie’id al-Ayyam. Qom: Basirati Maktaba.
Emami, S.H. 1984. Ghanoone Madani [The Civil Law], vol. 1. Tehran: Eslamiyeh.
Al-Najafi, M.H. 1986. Jawaher al-Kalam fi Sharhe Shara’e’ al-Eslam [Jawaher al-Kalam in Explanation of Shara’e’ al-Eslam], vol. 4. Dar-al-Kotom Al-islamiyah.
Jafari Langroudi, M.J. 2008. Terminologie Hoghoogh [The Legal Terminology]. 2nd ed. Tehran: Ganj-e Danesh.
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Nazifi, A. The Legal Definition of Contract and Its Rational Roots in Iran. Int J Semiot Law 32, 417–425 (2019). https://doi.org/10.1007/s11196-019-09611-w
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DOI: https://doi.org/10.1007/s11196-019-09611-w