A comparative study of commitment to sale and its sanctions in the laws of Iran and France
Abstract
The current research attempts to survey the comparative impacts of commitment to sale and its sanctions in Iran and France. The asked question in current research was what is the legal nature of commitment to sale and its sanctions in Iranian and French law? The research findings indicated that in Iran's law, commitment to sale is a kind of uncertain contract and can be explained in the form of a preliminary agreement, that also its sanction, is an obligation to fulfill the commitment and compensation. Since the commitment to sale has been contracted by both parties, this obligation is also binding for both parties under the Articles 10 and 219 of the Civil Code and pacta sunt servanda (agreements (and stipulations) of the parties (to a contract) must be observed) and the promisee can, by obligation of the initial commitment of the promiser, ask for the fulfillment of the main commitment. In such cases, the situation of the collateral is such that the second transaction has been made correctly, and the promiser is needed to pay compensation to the promisee. In French law, "commitment to sale" has been accepted and has legal rights just like the preliminary agreement. In the law of this country, it is vital to obligate its Sanctions and compensation as the most important means of sanctions of commitment to sale. In current research, a descriptive analytical method has been used.
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