Features of the contract of sale

Document Type : Specialized scientific

Author

Head of Law Research Group

10.22034/ls.2023.100318.1021

Abstract

The characteristics of the sale contract are the elements and characteristics that distinguish the nature of the sale and distinguish it from other contracts. Therefore, knowing these features is of particular importance in cases where the nature of the contract is ambiguous, doubtful or disputed by the parties; Because the special rules and effects of the contract of sale, like many options, do not apply to other contracts. According to the famous Imami jurists, the most important elements of sale are: possessiveness, exchangeability, necessity, consent and the sameness of the seller. With this, the sale contract is distinguished from covenant, free, permissible, ceremonial, lease and peace contracts.Although some of the mentioned characteristics have been doubted or denied by some jurists and some jurists, but the famous theory in general deserves to be accepted and its problems can be defended.