چکیده:
Sometimes, after pre-contractual negotiations, one of the parties makes a decisive decision to conclude a contract regarding a specific subject with a specific consideration and conditions; however, the other party is still in doubt and needs further investigation regarding the subject of the transaction, its consideration, or the terms of the contract. It is possible that the person determined to conclude the contract does not wait for the opposing party to conclude the contract. In such cases, the party who was in doubt receives a promise from the promisor to not transfer the subject of the transaction to another for a certain period, or to allow the property to remain in their possession for further investigation. In these types of cases, questions arise. What is the legal nature and effect of this promise? Is that promise binding, or can the promisor enter into a transaction that conflicts with the promise they have made? What responsibility will the recipient of the property have following this promise? In this article, after legal investigations within the capacity and scientific and research resources of the author, an attempt is made to provide appropriate answers to the questions raised.
خلاصه ماشینی:
According to clause 1 of article 234 of the Swiss Code of Obligations, if the inspection must be conducted at the seller's premises, if the buyer does not accept the subject of the transaction within the period specified in the contract or by custom, the promisor's obligation is terminated.
Conclusion When a person, along with a buyer who has not yet made a final and decisive decision regarding the purchase of a commodity, by declaring their final will to sell the commodity, the amount of the price, the conditions of delivery of the sale, the payment of the price, and other conditions of the sale, grants the other party a period to examine the subject and express their will regarding the purchase or non-purchase of that property, this agreement between them is an independent contract.
If the promised contract in the promise contract is among the formal contracts, such as the sale of immovable property and marriage, the contract does not take place solely upon the declaration of the buyer or the promisee, and the transfer of ownership does not occur; rather, the prescribed legal formalities must also be performed for the contract to take place, and if the promisor - Mabsut, Jafari Langroudi, Mohammad Ja'far, Vol. 5, No. 14670.
Responsibility of the recipient of the property (makhuz bi al-sum) If, within the period specified in the promise, the subject matter of the contract is placed at the disposal of the promisee for further examination, and incidentally, before their acceptance, that property is destroyed, who bears the responsibility for the destruction: the recipient of the property or the promisor?
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