The necessity of redefining the contract of sale

The definition of article 338 of the civil code which was adopted from Imami jurisprudence, was criticized by many contemporary jurists and even jurisprudents. For example, inserting the phrase ‘Giving possession’ has caused the manifestation of apparent incompatibility between contract of sale and the definition of the contract itself. Also, restraining the order on identical being of the object of the sale has led to the alloy manifestation of the impossibility of the sale in relation to transferrable pecuniary rights and unsubstantial properties. In current research it has been tried that with regard to achievements originated from the re-study by experts, along with reviewing and analyzing entered objections on their definitions and derivation, the issue of the necessity to follow the consuetude in identifying the sale’s belonging that has been left neglected in legislator’s .existing definition, will be noticed in next amendments of legislation activists’ views