Analysis of the termination of the pre-sale contract of the building and the effect of termination of the construction participation contract on it.

Articles in Press

Document Type : Original Article

Authors

1 Associate Professor, Department of Private Law, Faculty of Law and Political Science, University of Shiraz, Shiraz, Iran.

2 Ph.D. Student of private law , Faculty of Law and Political Science, University of Shiraz, Shiraz, Iran.

10.48300/jlr.2023.304052.1768

Abstract

The pre-sale contract of the building, which is explained according to the CPC approved in 1389, has a different mechanism from the civil law in terms of dissolution, especially termination of the contract. Notice these rules which are discussed in the description of the article; Questions arise that in case of shortage or increase in area or violation of the obligation and defective construction, is there a place to implement Articles 237 to 239 related to the condition of action and Articles 355, 384 and 385 of the Civil Code? What will be the legal status of the pre-sale contract if the construction contract is concluded between the landowner and the contractor before the pre-sale contract, and after the pre-sale contract is concluded, the partnership contract is terminated or it is not possible to fulfill it? This article explains the specific conditions of this law and mentions the provisions of the cases of disputes over the area of the unit made with the contract, which is the right of termination and compensation. It is also said that non-observance of the formalities of the official document leads to the withdrawal of the contract from the benefits of the pre-seller law, including facilitating the right of termination for the pre-seller. Also, the present article, while stating the different cases of termination of the construction participation contract, shows that the termination has no effect on the pre-sale contract and the land owner cannot waive his obligations by transferring the land.

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Journal of Legal Research

Articles in Press, Accepted Manuscript
Available Online from 11 December 2023

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