نوع مقاله : مقاله پژوهشی
نویسندگان
1 یزد ، میبد ، دانشگاه میبد
2 دانشیار گروه حقوق دانشگاه میبد ، میبد ، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
According to Judicial Precedent No. 810 of the General Assembly of the Supreme Court, if it is stipulated in a sale contract that the seller has the right to rescind and reclaim the sold item in the event that the installments of the price are not paid by the determined deadlines, upon fulfillment of the condition and the exercise of the right of rescission—even if the buyer, without considering this right, has sold the item to a third party—the sold item must be returned to the seller. Among the documents cited by the General Assembly of the Supreme Court, the foundation of the decision is based on Articles 10, 220, 224, 225, 454, 455, and 460 of the Civil Code. Furthermore, a review of the detailed discussions in the Supreme Court, especially the opinion of the esteemed representative of the Public Prosecutor's Office, who considered the return of the sold item to be an implied condition and a necessary consequence of the rescission, suggests that this condition is a type of inherent implicit condition. This is because "custom in every transaction is equivalent to an implicit condition," meaning that in transactions, customs acknowledged by society are considered equivalent to conditions stipulated within the contract. The return of the sold item following the dissolution of the contract and the lack of any transferring dispositions in relation to it is a self-evident matter and logically a requirement of the contract, which is also accepted by commercial customs.
کلیدواژهها [English]
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