Jurisprudential legal study of rule of wasted object before taking and its effect on the Ownership transfer

The issue of Ownership transfer and loss of property before receipt is one of the issues in today's transactions that the study of its concept and on the Ownership transfer effects is necessary and this article this issue studies.

Thise article is Analytical descriptive and uses the library method.

In this article, Originality of texts, honesty and trusteeship Has been complied with.

In the sale, as soon as the contract occurs, the seller is the owner of the price and the customer is the owner of the seller. but according to rule of wasted object before taking, the seller loses the seller's property and not the customer's property. It is known as a seller The Ownership to the buyer as a result of the contract is transferred. But the exchange commutative warranty remains with the seller until cession is made.

The contract of sale, is a clear example of Proprietary contracts. Before cession, if the sale is lost, the seller must return the price for the lost property to the buyer has received. The presence of cucumber makes the commutative warranty even with cession not disappear. Therefore, the presence of cucumber in the contract of sale means that even with the surrender, the guarantee of the seller against the loss of the seller is not lost.