نوع مقاله : مقاله پژوهشی
نویسندگان
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
With the growth of population in large cities, housing has become an essential need of human beings. Individuals, both professionally and occasionally, as well as legal persons, are engaged in the construction of buildings. Consequently, transactions concerning housing have become prevalent among people. The most significant of these transactions is the forward sale of buildings. In this type of contract, the forward seller undertakes to construct and deliver a building according to the terms of the contract and within a specified period in return for a price paid in installments. This kind of contract has not been independently addressed in jurisprudence, but legal experts have discussed it to some extent. In some cases, this contract does not fall within any specific category of contracts and is classified under the title of private contracts in accordance with Article 10 of the Civil Code. Based on the principles of voluntarism, freedom of contracts, and Article 10 of the Civil Code, this contract is valid and binding. Some legal experts have categorized this contract under other titles, such as an obligation toward sale under Article 10 of the Civil Code, often termed an informal provisional agreement among common people. Concluding this contract as a suspended one, in which ownership depends on its fulfillment, is also permissible under the Iranian legal system. The present article aims to determine the nature of this contract and to compare it with other contracts, whether definite or indefinite.
کلیدواژهها [English]
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