Comparative study of transaction cancellation with the implementation of option in sale of animals in jurisprudence and iranian civil law

• Seyedi Bonabi, Seyed Bagher ^[1] ; Nouri, Hojatollah ^[1]
  1. [1] Islamic Azad University

     Islamic Azad University

     Irán

     
• Localización: Lex Humana, ISSN 2175-0947, Vol. 9, Nº. 2 (JUL.-DEZ.), 2017, págs. 115-132
• Idioma: inglés
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• Resumen

  • The issue of options and powers owned by transactors (buyer and seller) is one of the important parts of the jurisprudence, which includes a wide range that using these rules correctly will eliminates many existing disparities. Some rules are specific to each option such as option in sale of animals that determine the time of transaction cancellation. But there are a number of rules that are common to all options. What terms can transactors imbedded in their transactions and what is the position of options in discussion (which conditions can be forged)? In this article, option in sale of animals and its nature are reviewed in detail and the common rules of options in general. Also, the order of animal loss during the time of option is reviewed in the traditions and views of jurisprudence scholars and lawyers and duration of applying options is examined due to time and power of the researcher, more general study and executive guarantee is required to make these rules more applicable.