Legal Prescription of Previous Sale Apartment Contracts

According to articles 338,350 and 361 of Iranian civil act the item for sale can be of a specified chattel or general nature if it is the first (specified chattel) shall be exited at the time of concluding the contract, but if is of later shall be identified from amongst different sources. Prescription of previous sale apartment contracts is the main purpose of this research. The basic question in this research is if this type of contracts is legally valid, and subsequently the item for sale is of a specified or general nature. We should put this main point in our mind in order to answer the question. Many types of contracts which are made by people are this type of contracts (i.e. previous sale apartment due to their main need for residence). Then we want to establish a legal frame which can legalize type of contracts. However, law writers have different ideas about this contract which follow:1. The main purpose of item for sale is the subjective existence not objective.2. It is a suspending sale contract (i.e. possession of apartment is suspend on the existence of it).3. The subject of contract is none of them. But is an intermediate item between specified and general nature.4. It is a special contract which can create a special right.Rightly none of theses ideas can solve the problem. We need a special act of parliament for protecting the purchasers. Then the bill which has been prepared by judiciary power should be passed by parliament as soon as possible.