Reinvestigating the Option of Rescission in Sale of Animal

The option of rescission in sale of animal is one of the divinely-ordained laws (Ahkam-e Toghifee) in Shiite jurisprudence, it is essential to find its aspects given the inadequacy of civil code in this respect and also given the fact that the laws are religion-based in iran. This option is not restricted to one specific kind of animal. This option does not apply to taxidermy animals and birds which are considered as mere objects. This option typically applies to sale contracts and certain types of barter, and is the specific right of the buyer. The scholors agree on the option of rescission when it applies to a specific animal but they are divided on the applicabililty of the option when it comes to the sale of an animal in general. The option is a complementary rule of which the appertaining right can be waived if assertedly conditioned or separately waived by the buyer or when the buyer”s possession of the object of sale implies his/her consent. the present study also addresses the applicability of the option in unauthorized contracts, the conferred of the right to the attorney-in-fact, and the consequences of this option.