Comparing Sale of the pledge and sale of the object of conditional sale (Investigating the juridical and legal principles of articles 793 and 460 of the civil code)

Document Type : Research Paper

Authors

1 PhD student in Private law of University of Isfahan

2 Associate Professer.Department of law .Faculty of Administrative Sciences and Economics. University of Isfahan.Isfahan.Iran.

3 Associate Professor, Department of Law, Faculty of Administrative Sciences and Economics, University of Isfahan, Isfahan, Iran.

Abstract

Civil code identifies two rules which are similar to each other in writing.Article793 states that“The pledger cannot enter into possession of the pledge in such a way as to be contrary to the rights of the creditors,except with the latter’s permission.And article460 states that“In a conditional sale,the purchaser may not perform any proprietary act regard to the object of sale which conflicts with the option,such as conveyance and the like”.Both these articles indicate prohibition of proprietary.The rule of conveyor’s act of proprietary is ambiguous in these two articles.The ambiguity in these articles creates some questions.What are the rules of sale of the pledge and sale of the object of conditional sale? Do the differences between these two articles lead to a different rule in these two contracts?Comparing juridical and legal viewpoints regarding this issue,it can be said that despite the differences in the writing of these two articles,these articles complement each other and follow the same principle and rule.The sale of these objects is voidable and observed until lapsing another’s right.The present investigation aims at comparing the subject of sale in relation to the pledge and the object of conditional sale regarding to juridical and legal principles in order to provide solutions to remove ambiguity existing in these two articles.Finally,the proposed articles without the foregoing ambiguous are presented.

Keywords

References

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Journal of Legal Studies
Volume 12, Issue 4 - Serial Number 38
January 2021
Pages 137-172

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