نوع مقاله : پژوهشی
نویسنده
استادیار گروه حقوق، دانشکده علوم انسانی و اجتماعی، دانشگاه کردستان، سنندج، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Abstract: The word "demand" in Article 818 of the Civil Code has surprised the law writers. According to that article, after taking the pre-emption and claiming the property, the buyer is not responsible for non-delivering it, unless he has fault in maintenance. Whereas, according to Article 631 of that Code, if the trustee refuses to surrender trust property after the demand of the trust, he will be responsible for the loss and any defects, even if he has not commit default. Therefore, the authors of the civil law have considered the rule of article 818 to be against the general rules of demand. Despite this, it seems that the legislator of the Civil Law followed the structure of pre-emption and its jurisprudential foundations in drafting Article 818, and by adding the word demand after get pre-emption, the rules and regulations regarding the demand subject to pre-emption were removed from the rules of trust and deposits. In addition, the buyer's responsibility for the damage or loss is not subject to the exchange guarantee rule. Rather, after taking the pre-emption, before or after the demand it, the customer is responsible only in case of default. This opinion is compatible with the famous opinion in Imamiie jurisprudence.
کلیدواژهها [English]
)