Critical analysis of specific verdict No810-4/3/1400 of the general board of the Supreme Court of Iran

Document Type : Research Paper

Authors

1 Assistant professor. Department of Law. University of Science and Culture. Tehran. Iran.

2 Department of Law, University of Science and Culture، Tehran, Iran

10.22099/jls.2023.46839.4915

Abstract

One of the actual topics that have been continuously discussed and questioned is the permission or prohibition of practical transferable legal activity of the buyer during the right to rescission the contract by the seller. The difference in opinion among scholars has caused the question that if the buyer decides to transfer the object of sale to a third party during the period when the seller has the right to terminate the contract, what’s the obligation?

The general board of the Supreme Court issued a specific verdict No810-4/3/1400 which did not reduce the scope of past ambiguities and also did not allow such actions.

This article while clarifying the history of jurisprudence also examines this verdict in line with the contents of Civil law. In determining the range of the verdict، it has been concluded that the said verdict does not fully relevant to civil law، For this reason, in the opinion of the author; it is therefore suggested The context of this verdict must be applied only in circumstances that exactly consistent with the case to the issuance of the verdict. in other cases, the general provisions of civil law should be followed.The research method in this article is content analysis.

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Journal of Legal Studies

Articles in Press, Accepted Manuscript
Available Online from 30 November 2023

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