Effects of termination on real estate transactions
The aim of this study was to study the effects of termination in real estate transactions. This research, which is of theoretical type, was conducted by descriptive-analytical method. Termination of a financial right is revocable, which is only relevant to the necessary contracts and is transferred to his heirs in the event of the death of the right holder, unless the term of custody in the exercise of options has been terminated or the right of termination is given to someone other than the parties. . In this article, among the factors of dissolution, "termination" has been examined, which has relatively different meanings in general and specific terms. Scattering of contract termination issues in civil law necessitates the discussion of contract termination Delivers.Also, a look at the files and complaints related to real estate transactions shows that there is a need for more research in this area. The subject of termination of the contract is specific to the necessary contracts; Because in permissible contracts, either party can break the contract whenever he wants. According to Article 219 of the Civil Code, a contract between the parties is binding unless both parties agree to it or one of the parties terminates it due to legal reasons. Termination is one of the factors of dissolution that has relatively different meanings in the general and specific sense. Sometimes the seller after transferring the contract and receiving all or part of the transaction price and before the document is prepared for some reason can not transfer the document to the buyer and sometimes the buyer can not fulfill its obligations to pay the transaction price. The issue depends on the conditions set and agreed in the contract. If termination is possible and they can terminate the contract according to the law, then the effects of termination are raised, including the effects of termination, the possibility of claiming damages. In Iranian law, this is possible according to the general rules of liability for non-fulfillment of obligations.
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