مطالعه تطبیقی زمان انتقال مالکیت در عقد بیع

چکیده
  The time of transfer of property in sale contract is not similar in different legal systems. The kind of subject matter (goods) is the main basis of this differentation. Generally speaking, in Islamic law, specific, unascertained (general goods and sale of part only of a quantity), and future goods are transferred at the time of making the contract of sale. Iranian civil code follows Islamic law, whereas Iranian lawyers beleived that there is difference between specific goods in one hand and unascertauned and future goods in another hand. In the former the property of goods transfers at the time of contract but in the latter the property will pass at the time of deliverance or ascertainment of goods. In the English legal system the property in the specific goods is transferred at the time of making the contract and in unascertained and future goods are passed by determining and setting apart of the goods. In French legal system, the property of specific goods is transferred at the time of making the contract and property of unascertauned and future goods are passed by detterminig the goods to contract.