Performance of the Rule of Guarantee of Exchange, in Termination of Contracts of Exchange

Subject Areas : All jurisprudential issues

Mahdi  Khademsarbakhsh ¹ (Ph.D. Student of Qom University, Course of Private Law, Qom, Iran)

Received: 2014-10-15 Accepted : 2014-10-15 Published : 2012-03-20

Keywords: reciprocal contracts, Dissolution, Revocation, Guarantee of exchange, Tort,

Abstract :

In accordance with opinion “Islamic jurists” and under the “civilcode”, in the sale contract, whenever the subject of transaction isdissipated before the transference of the risk to assignee, thecontract would be rescinded and buyer legally should give backthing has gotten from assignee. In law, The firest of rule is namedguarantee of exchange and towel of rule is named security faults intitle.This article attempts to examine this rule, guarantee of exchange,that hitherto was carried out at the performance of reciprocalcontracts, in termination of contract, ie: dissolution and revocation,and then proves performance or failure of performance of this rulein revocation and dissolution and It shall study existence or nonexistence of automatic liability while failure of proof guarantee ofexchange in termination of mutual interest contracts.This article proves that dissipation of object of dissolution willcause rescission and dissipation of object of revocation, without anyeffect on validity of revocation, will cause civil liability ofpossessor.