Agency In Position Of Sale Contract
According to "contracts are subordinate to intents" rule, a contract is subordinate to actual intent of parties. Therefore, if two parties conclude a contract, but their intent is about another contract, a legal act is based on what they have intended in spite of choosing another title for...
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Allameh Tabataba'i University Press
2014-10-01
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Online Access: | http://jplr.atu.ac.ir/article_869_182eed8a4e2573abe32803e002a5df0d.pdf |
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doaj-14a5020f9ef348e8aa82f464874ed6ad2020-11-24T21:24:45ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī2345-35832014-10-0138101119Agency In Position Of Sale ContractFarzad Javidi Al SaadiAli SaatchiMohammad AbediAccording to "contracts are subordinate to intents" rule, a contract is subordinate to actual intent of parties. Therefore, if two parties conclude a contract, but their intent is about another contract, a legal act is based on what they have intended in spite of choosing another title for it. One of the common issues raised frequently in case law is use of proxy as a cover for assigning ownership. This occurs for many reasons. This legal act is a sale contract along with agency. However, in some cases, this is only an agency contract which is a presumption of precedent sale contract. In some other cases, the legal act is void. This article aims to elucidate position, nature and effects of this legal act by examining reasons for doing it http://jplr.atu.ac.ir/article_869_182eed8a4e2573abe32803e002a5df0d.pdfagency; Contract of Sale; Divestment of Right; Hidden Contract; Obligation to Assign Ownership |
collection |
DOAJ |
language |
fas |
format |
Article |
sources |
DOAJ |
author |
Farzad Javidi Al Saadi Ali Saatchi Mohammad Abedi |
spellingShingle |
Farzad Javidi Al Saadi Ali Saatchi Mohammad Abedi Agency In Position Of Sale Contract Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī agency; Contract of Sale; Divestment of Right; Hidden Contract; Obligation to Assign Ownership |
author_facet |
Farzad Javidi Al Saadi Ali Saatchi Mohammad Abedi |
author_sort |
Farzad Javidi Al Saadi |
title |
Agency In Position Of Sale Contract |
title_short |
Agency In Position Of Sale Contract |
title_full |
Agency In Position Of Sale Contract |
title_fullStr |
Agency In Position Of Sale Contract |
title_full_unstemmed |
Agency In Position Of Sale Contract |
title_sort |
agency in position of sale contract |
publisher |
Allameh Tabataba'i University Press |
series |
Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
issn |
2345-3583 |
publishDate |
2014-10-01 |
description |
According to "contracts are subordinate to intents" rule, a contract is subordinate to actual intent of parties. Therefore, if two parties conclude a contract, but their intent is about another contract, a legal act is based on what they have intended in spite of choosing another title for it. One of the common issues raised frequently in case law is use of proxy as a cover for assigning ownership. This occurs for many reasons. This legal act is a sale contract along with agency. However, in some cases, this is only an agency contract which is a presumption of precedent sale contract. In some other cases, the legal act is void. This article aims to elucidate position, nature and effects of this legal act by examining reasons for doing it
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topic |
agency; Contract of Sale; Divestment of Right; Hidden Contract; Obligation to Assign Ownership |
url |
http://jplr.atu.ac.ir/article_869_182eed8a4e2573abe32803e002a5df0d.pdf |
work_keys_str_mv |
AT farzadjavidialsaadi agencyinpositionofsalecontract AT alisaatchi agencyinpositionofsalecontract AT mohammadabedi agencyinpositionofsalecontract |
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1725986310754140160 |