Nature of Pre-Sale Contract for Residential Units with a View on the French Civil Code (Amendment 2016)

With the increasing population in industrial societies, including our country, the use of pre-sale contract mechanism for business and residential units has become widespread. However, this type of contract apparently lacks both fixed subject-matter due to the length of the construction process and fixed price due to fluctuations in the price of raw materials, the wages of workers and the acquisition of building permit, while the subject-matter and price must be fixed according to Iran law to prevent the grandson. Notwithstanding differences of opinion among Iranian scholars in this regard, is it possible to evaluate the nature and recognize the validity of the pre-sales contracts within the context of custom contracts? While the pre-sale law enacted in 2010 in order to regulate transactions and prevent fraudulent abuses, it does not make a reference to the nature of this type of contract. In this paper, the nature of this type of contract has been sought, from the point of view of Imamiyya jurisprudence and Iranian law and French civil code (Amendment 2016).