An examination of agreement between the parties on preceding the time of transfer the ownership from the moment of signing the contract
An examination of agreement between the parties on preceding the time of transfer the ownership from the moment of signing the contract

Summary/Abstract: Based on their consequences, contracts are divided into different types, one of them being 'possessory contract'. The basic consequence of these kinds of contracts is actually alienating possession from one party to another. Since alienation - as the most perfect example of objective rights, which give the owner the authority to possess all the possession - can be the source of various rights and obligations for the transferor and the grantee, the way and time of transfer, including sale, has always been of interest to lawyers. Following the jurisprudence, Iranian law has accepted alienation as a principle in the concept of possessory contracts from the moment of signing the contract (which can be different in consented, objective or ceremonial contracts regarding the cause). But the effect of the interactive parties' will and agreement in advancing or postponing this time has rather been ignored. This paper examines validity in the condition of advancing alienation from the time of signing the contract in order to resolve disagreements and reach a proper solution in this regard. This has been done through searching through library resources including juridical and law books and related laws in descriptive analysis method and gave us the results that, firstly, at the time of signing the contract, alienation requires assigning possessory contracts and not the contract itself.

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