A comparative study of the condition of maintaining ownership and the basics of the possibility of protecting a third party in good faith in Iranian and British law

Taghipour,, , Mohammad Haoseein,, Taghipour,, , Mohammad Haoseein,; Arefali, Majid

doi:10.22034/jlvi.2025.2052369.1326

A comparative study of the condition of maintaining ownership and the basics of the possibility of protecting a third party in good faith in Iranian and British law

Document Type : Research/Original/Regular Article

Authors

taghipour,, , mohammad haoseein, taghipour,, , mohammad haoseein, ¹

majid arefali ²

¹ Assistant Professor, Department of Private Law, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran

² PhD student in private law, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran

10.22034/jlvi.2025.2052369.1326

Abstract

The sale contract is a property contract, but the concern of collecting the price has made the seller inclined to include conditions such as the condition of maintaining ownership or delaying it. A comparative study shows that although according to the 1979 British Sale of Goods Act, there is no doubt about the validity of this condition in the laws of this country, and in some cases the uninformed third party with good faith has been supported, but in Iran's law, the possibility of including such a condition is accepted. A condition, especially when such a sale has been transferred to a third party in good faith, is associated with objections.In this descriptive and analytical research, we consider the nature of the mentioned condition both in Iranian law and in British law, and several principles such as the principle of good faith, or the necessity of economic efficiency of rules and rulings, as the judicial procedure also knows many times. If desired, it is possible to support the transferee on the assumption of good faith of the third party and consider the original owner (conditional transferee) as only entitled to demand the same or the price of the property from his transferee (conditional transferee).

Keywords

Condition of preservation of ownership

delay of transfer of ownership

suspension of transfer of ownership

third party in good faith

lien

Subjects