M.A. Thesis:

Convengance time For contracts of Sale in the Iranian Law and Islamic jurisprudence

From olden times human beings used to congregate. Among these, there happened a series of transactions, though in the very primieibe form, the most ancient of which has been "contract of exchange". That is, persons gave their surplus articles and took, in return, the surplus of others. Later on, the human civilization flourished and type of the then contract varied accordingly. More important articles, e.g, wheat (having played the role of the now money), occupied a much more significant and specific position. It was then substituted by coins and bank notes… . Nowadays, money is the most qualified and common ones. Accordingly, contract of exchange was substituted by "contract of sale". As the most important and common legal instrument in the transfer of the most perfact objective right, i.e., ownership, contract of sale makes ues of two different systems in the maner of its function of which the consensual system previls over the formal one. In the contemporary legal world, most of the legal schools have adopted the consensual system as a principle and a rule to the transfer of ownership in sale, considering the formal system as an exception to it. The bases of this principle should be searched for in the theory of freedom of the will. This principle however, does not always represent the real intention of both parties since in considerable cases, the transacting parties, intention is not fully distinct. There will thus happen some problems in the understanding of the content and extent of consent. For this reason, the legislator has sought to establish regulations based on which to term these formalities "Legal exceptions to the contract of cale cosensuality principle:. On the other and, being perse the foundation of the foundation of the consensual system in the transfer of ownership, the theory of freedom of the will requires the above mentioned principles not to be of the imperative rules so that both parties can agree upon formalities as cause or condition of owenership transfer in contract of sale. These formalities are termed "contractual exceptions".

Keywords: time-contracts of Sale-Convengence-Isamic Jurisprudence