Ownership is a permanent right whereby one can allocate to himself some property in compliance with the laws and regulations, and can receive its benefits. This is the most inclusive right that humans can have on some property. It has three distinctive features: exclusivity, absoluteness, and permanency. The transfer of ownership is an important issue as it determines when the effects of the ownership take place. In some legal systems, the transfer of ownership is determined based on the type of transaction. In the Shiite Jurisprudence and the Iranian Law, the transfer of ownership in all types of sales is determined based on the concluding time of the contract. However, based on the type of transaction, this transfer of ownership is different in the English Legal System. It seems that the decision to transfer of the ownership at the time of signing the sales contract, regardless of the type of sale, is more appropriate and is more justifiable theoretically. This is the approach that has been taken in the Shiite Jurisprudence and the Iranian Law.
Dobson, A. P., (1989) Sale of goods and consumer credit, London, Sweet & Maxwell, 4th ed.
G. Battersby and A. D. Preston, (1972), The Concepts of "Property," "Title" and "Owner" Used in the Sale of Goods Act 1893, The Modern Law Review, Vol. 35, No. 3.
John N. Adams, Hector Macqueen, (2010), Atiyah's sale of goods, Longman, 12thed.
John N. Adams, Roger Brownsword, (1991), the Modern Law Review, No. 54, 301.
Luke Rostill, (2014), Relative Title and Deemed Ownership in English Personal Property Law, Oxford Journal of Legal Studies.
Neo, S. S, Dora, The Sale of Goods (Amendment) Act 1996، Satisfactory Quality, An Undivided Share in A Bulk And other Amendments, Singapore Academy of Law Journal, N. 9.
Robert Clark, Sales Law Review Group, (2011), Reporton the Legislation Governingthe Sale of Goods and Supply of Services, Government Publication.
Sarbazian, M., & Ranjbari, S. (2015). The Concept of Ownership and its Transfer time in the Shiite Jurisprudence, Iranian and English law. Comparative Studies on Islamic and Western Law, 2(1), 57-80. doi: 10.22091/csiw.2015.1021
MLA
Majid Sarbazian; Soheila Ranjbari. "The Concept of Ownership and its Transfer time in the Shiite Jurisprudence, Iranian and English law". Comparative Studies on Islamic and Western Law, 2, 1, 2015, 57-80. doi: 10.22091/csiw.2015.1021
HARVARD
Sarbazian, M., Ranjbari, S. (2015). 'The Concept of Ownership and its Transfer time in the Shiite Jurisprudence, Iranian and English law', Comparative Studies on Islamic and Western Law, 2(1), pp. 57-80. doi: 10.22091/csiw.2015.1021
VANCOUVER
Sarbazian, M., Ranjbari, S. The Concept of Ownership and its Transfer time in the Shiite Jurisprudence, Iranian and English law. Comparative Studies on Islamic and Western Law, 2015; 2(1): 57-80. doi: 10.22091/csiw.2015.1021
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