Results and Difference of Delivery and Receipt in Contracts of Trade

Subject Areas : All jurisprudential issues

Asghar  Arabian ¹ (استادیار دانشگاه آزاد اسلامی، واحد علوم و تحقیقات تهران، گروه فقه و حقوق، تهران، ایران)
Hasan  Khodabakhshi ² (دانش آموخته‌ی کارشناسی ارشد دانشگاه آزاد اسلامی، واحد علوم و تحقیقات تهران، رشته‌ی فقه و حقوق، تهران، ایران)

Received: 2011-11-13 Accepted : 2011-11-13 Published : 2011-09-23

Keywords: Delivery, Receipt, Guarantee of Indemnify, Right of Lien Act,

Abstract :

Some thought men believe that delivery and receipt are similar to two concepts of cause and existence due to uniformity of essence in turns of validity are different. Because of this although delivery is done by seller and receipt is done by customer,delivery will be happened when receipt is done by customer, so effects like transferring of gurantee indemnify are done on customer's act and untillthe customer doesn'treceive the object of sale, the seller wont discharged from responsibility of destructing object of sale before receipt. In fact delivery and receipt are two concepts that their differences are real and fact. Delivery and receipt are two separated stepsfrom each other and imaginatingly delivery may be done by seller but the customer doesn't receive the subject. Practical use of this separation is in effects like transferring guarantee of indemnify, right of lien act and etc. It means that the goal of delivery is necessary for seller and one is discharge from guarantee won't be depended on receipt of object of sale by customer.