Condition for delay in delivering the sold item in the final transfer of immovable property and its method of execution مقاله

خلاصه ماشینی:

The Condition of Delaying the Delivery of the Sold Item in the Final Transfer of Immovable Property and the Manner of Its Execution Iraj Najafi1 Note: In the documents of final real estate transactions prepared in notary offices, sometimes the contracting parties set a deadline and a specific period for the evacuation and delivery of the property under transaction, and request the notary preparing the document to include this matter as an implicit condition in the prepared document; they may also stipulate an obligatory penalty for violating said condition. Since it is carried out with the will, intention, and consent of the contracting parties and, according to Article 10 of the Civil Code, is not explicitly contrary to the law, the recent official document changes the time of execution of the condition mentioned in the transaction document; however, the recent deadline must also be from the perspective of being far or near, be reasonable and not cause any flaw in the basis and pillars of the sale; although "it is possible for the deadline to be far or near, but the deadline cannot be set so far that it contradicts the concept of sale. Now, considering the subject of this article, which concerns the drafting of final sale deeds including a condition specifying a certain deadline for the sold item, and its compatibility with Article 36 of the Execution Regulation discussed above, it appears that in the prepared document, if a specific amount of liquidated damages has been set for delay in performing the obligation by the obligor (seller), the issuance of an execution writ to enforce the condition and collect the liquidated damages is not contradictory and is enforceable and collectible through the Registration Execution Office or the judiciary.