A Comparative Study of Types of Sale in Iranian and Foreign Laws

Abstract

The aim of the present study is to comparatively examine the types of sale in Iranian and foreign laws. The research method is descriptive-analytical using library resources. Proper clarification and ascertainment of the effects of any legal or non-legal institution necessitates knowledge of its nature and essence. It is obvious that this also applies to the contract of sale. The contract of sale is a common contract that is an established and recognized institution in all countries of the world, but in the laws of different countries, based on various presumptions and perspectives, its nature and peripheries have been viewed differently. Such disagreement can also be seen in Imami jurisprudence. In Iranian law, sale is divided into many subdivisions with various criteria, and according to the Civil Code and other laws, one can also refer to classifications that have not been mentioned in the works of jurists. In foreign laws, sale is also divided into different types in terms of enforceability, nature, effect, etc. Some of the classifications made in the laws of foreign countries sometimes coincide with the classifications mentioned in Iranian law, and some others, due to their nature, may not fit into any of the classifications made in Iranian law.

Keywords: Sale, Iranian Law, Foreign Law, Translational and Obligatory Sale, Sale of Future Property