Akhlāq-i zīstī i.e., Bioethics Journal

Abstract

Background and Aim: A contract of sale is the most common and important ownership contract by which the seller transfers the money to the buyer in return. Today, the contract of sale is used both in the domestic law of countries and in different societies and as a tool for trade. The expansion of the means of communication and the transportation industry has made the importance of the contract of sale more and more important. For this reason, the study of the ethical conditions of the contract of sale has been selected as the main purpose of the present study in order to examine the approach of the said contract in various areas of transfer, risk, guarantee of the parties, etc.

Materials and Methods: According to the approach of the present study, the descriptive-analytical method has been selected as the research method and information has been collected through documentary and library methods.

Findings: Satisfaction of the contract of sale is a moral and accepted principle between the parties, which is considered both in the domestic law of countries and in international and commercial laws and regulations; in a sale contract, as soon as the sale is realized, the buyer becomes the seller and the seller becomes the owner of the price. The principle of obligation as another moral principle in the contract of sale is that each of them, in exchange for legal life and influence from the other. Therefore, if one of the two is lost, it is released from the obligation, so the loss of the seller is imposed on the seller as a result of a coercive accident. Also, the existence and validity of the price is the basic principle and moral condition for the realization of the contract.

Conclusion: Transaction and commitment in the contract of sale due to the accompaniment of will and action, the existence of price and transfer of risk and ownership to the buyer has ethical aspects that in the absence of these conditions, is considered a formal transaction. By proposing "Delivery" as a turning point in legal systems that use a "conceptual approach" to sales and related issues, it has taken a step forward in which ownership and risk will both be transferred by Delivery. The above argument can be used to support the theory of risk transfer at the same time as Delivery and lead to the improvement of domestic and international transactions. From both a legal and a moral point of view, the acceptance of risk transfer, satisfaction and commitment of the parties can be considered as effective principles in benefiting from the contract of sale.

Please cite this article as: Mozafari Niapour SMK, Mousavi Zenooz M, Ameri P. Ethical Conditions for the Transfer of Ownership in a Contract of Sale. Bioethics Journal, Special Issue on Bioethics and Citizenship Rights 2020; 187-198.