The Place of Guarantee to Indemnity in the Statute Laws of Iran

Fatemeh Anahid, mahsa Aghazadeh

Abstract


The contract of sale is a reciprocal possessory contract which contains two parts, one of which is called the object of sale and the other part is called the purchase money or price. Considering civil code 338 and 350, it is apparent that the property which is under a legal act because of being the object of sale should have a number of conditions so that the legal act has legal consequences. For example, the property should belong to the vendor. Civil code 362 states that if the sale contract is done following the assigned legal conditions between the contractants, it is valid and has the consequences predicted in the civil code 362. Imitating the civil law of France, the legislators consider guarantee to indemnity as a consequence of a valid sale and consider it originally contractual. The vendor is the guarantor to indemnify the object of sale; that is, if the object of sale belongs to another person, the vendor should give back the purchase money to the purchaser. Guarantee to indemnity is the vendor’s responsibility which is caused because of the fact that the object of sale belonged to another person.


Keywords


Guarantee, Indemnity, Statute Laws of Iran, legislators.

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