Document Type : Original Article
Authors
1
PhD student in Fiqh and Fundamentals of Islamic Law, Hamedan Branch, Islamic Azad University, Hamedan, Iran.
2
Assistant Professor, Department of Theology, Hamedan Branch, Islamic Azad University, Hamedan, Iran
3
Assistant Professor, Private Law, Hamedan Branch, Islamic Azad University, Hamedan, Iran.
Abstract
Affidavit and affidavit are of special importance due to the nature of a bilateral legal act and in order to preserve the rights of the surrounding people. These two documents are in the form of a contract, and by signing them, the definitive and legal transfer of ownership of immovable properties is done. One of the main goals of the research is to investigate the differences and effects of affidavit and promise in immovable property, both of which are considered to have the same meaning in custom.
The research method in this article includes analysis and description, in this method, the principles and laws, jurisprudence and legal works of affidavit and promise are examined. In the affidavit, with the signing of the document, the actual sale contract and ownership are transferred, and the effects of the sale are assigned to it. But in the contract, the parties undertake to complete the transaction in the future.
Also, in the affidavit and the contract, the seller and the buyer are bound by their obligations and can include the conditions of termination and option in both documents. However, in an affidavit, a definite and legitimate transfer of ownership occurs, while in a promise, only a promise is transferred.
Therefore, the legal features of the affidavit and promise in the field of real estate are very important to maintain the health of this market and prevent political corruption and land grabbing, and help to build trust between the parties to the transaction.
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