Mendeley
TY  _  JOUR
ID  -  akhlagh-51322
TI  -  An Essay on the Obligations of the Parties in a Pre-Sale Contract for a Building and the Guarantee of Legal Enforcement of Violation of It
JO  -  Quarterly Ethical Research (Association for Islamic Thought)
JA  -  ES
LA  -  fa
SN  -  2383-3279
AU  -  Ghazvini Firoozkala Allahyar
AU  -   
AU  -  Omidi Jebraiel 
AD  -  دانشجوی دکتری حقوق بین الملل، واحد قشم، دانشگاه آزاد اسلامی، قشم، ایران
AD  -  
AD  -  هیئت علمی دانشگاه ازاد همدان
AD  -  
AD  -  دانشگاه آزاد اسلامی، تهران
AD  -  استادیار، گروه فقه و مبانی حقوق اسلامی، واحد یادگار امام خمینی (ره) شهرری، دانشگاه آزاد اسلامی، تهران، ایران
Y1  -  2025
PY  -  2025
VL  -  1
IS  -  
SP  -  285
EP  -  307
KW  -  Pre-sale contract of the building
KW  -   legal guarantee
KW  -   obligation.
DO  -  
N2  -  <p>The legislator's goal in drafting the Pre-Sale of Buildings Law is to regulate a part of the contractual relations of the people. A competent legislative policy in this section, with the phrase "subject matter of the contract" (pre-sale of buildings), should be based on guarantees of execution and legal mechanisms. This will show its effectiveness in the event of non-fulfillment of obligations and violation of the parties in accordance with what is set out in the text of the contract, because the establishment of legal guarantees of execution in the field of private law is a key to creating a contractual order. However, the Pre-Sale of Buildings Law has resorted to legal guarantees in some cases in order to prevent conflicting transactions and fraud by profit-seeking individuals in this area. And the present article has analyzed and examined all cases of legal guarantees of execution of the violation of obligations of the parties in the pre-sale of buildings contract and its effects. Although the criminal enforcement guarantees of the law of this contract were also raised and examined in the thesis, which has merits, and other legal and criminal theories may be proposed in the analysis and examination of the enforcement guarantee for the violation of the obligations of the parties in the pre-sale contract of the building, which will be examined from a jurisprudential and legal perspective..</p>
UR  - rimag.ir/en/Article/51322
L1  - rimag.ir/en/Article/Download/51322
ER  -  
