مطالعه‌ی تطبیقی شرط فاسخ و آثار آن

Time transactions which transfer ownership are presented in the iranian civil law in such a way that rights and interests of sellers may become in danger because of nonpayment of the price. the reason is deficiency of iranian civil law with regard to rules of breach of contract, right to withhold, and sanction of installment sale. in such transactions, sanctions are in favor of the buyer and not the seller, since the former has the right to the object while the latter has the right to the debt. hence, existence of abrogating condition in such transactions, especially sale, has become of great significance. by adding such condition to the sale contract, the seller can restore his ownership in case he does not receive the price. investigation of nature and legal-juristic effects of abrogating condition seems beneficial and important