عنوان مقاله [English]
نویسندگان [English]چکیده [English]
In the law of Iran, the sold thing may be specified or unspecified property. If the sold thing is specified property, the ownership will transferred with offer and acceptance and delivery will not has effect in transferring, as a general rule. There are different ideas about the time of transferring of ownership of sold thing and the role of delivery in it, when the sold thing is unspecified property.
Some of lawyers have believed that ownership is transferred with discretion of the sold thing; others have believed that ownership is transferred with delivery. The civil code is silence about the power of the parties of contract for determining of the time of transferring of ownership.
In the English law, the sold thing may be specified or unspecified property also.
If the sold goods is deliverable, ownership will transferred with creation of contract, but if the sold goods is not in deliverable state , ownership will transferred in the time that seller or buyer put the sold goods in the state of delivery, therefore, delivery has not effect in the transferring of ownership. The sale of goods Act has had permission to the parties of contract for determining of the time of transferring of ownership.
In this article, the role of delivery in transferring of ownership of sold things in the Iranian and English law has been discussed.