Condition preventing disposal of the sale A comparative jurisprudence study

Abstract

Summary

This research seeks to study the condition preventing the disposal of the sale, and in order to achieve this purpose and to show the impact of the existence of such a condition according to which the buyer is not required to take any action that would transfer the ownership of the thing sold or establish a right in kind on it; until the full price of the deferred sale is paid; This research was divided into a preface and two chapters. The preface dealt with a statement of the subject terms related to each of: the condition, the act, and then the statement of the concept of the condition preventing the act. As for the first topic, it was devoted to the study of the jurisprudence of the condition preventing the disposal of the sale, by mentioning the evidence of each party, and listing the discussions it received, with an explanation of the most correct statement in the opinion of the researcher. As for the second topic, it was devoted to explaining the implications of the validity of the statement of the condition preventing disposal on both the seller and the buyer, as well as the penalty for the buyer’s violation of the condition preventing the disposal of the sale, and his disposition of it in a manner that violated the condition contained in the sale contract.