One of the branches of law is the law of contracts. In this branch of law, as its title suggests, contracts are studied. In the law of our country, the name of contracts is often taken from Islamic jurisprudence and then entered the law of our country and consequently the Persian language. Mazaraeh, Musaqat, Heba and Kafalat are examples of this naming.
One of the terms in the field of contracts that almost everyone in society has heard at least once and many people have dealt with is the term “deed of sale” . However, in addition to the term “deed of sale” , there are other terms such as “bida” , “qul” and “sind”, the difference between which and “deed of sale” may still be unclear to many people.
For this reason, in this article, we will examine the legal term of the pledge ; first, we will answer the question of what a pledge is ? Then, we will introduce the conditions and characteristics of the pledge and explain these conditions and characteristics .
What is a pledge?
The term ” Mubayeh Nameh” is one of the terms that almost everyone in society has heard of at least once, and many people have also concluded it. However, in addition to the term ” Mubayeh Nameh”, there are other terms such as “Bi’ Nameh” , “Qul Nameh”, and “Sind”, the difference between which and “Mubayeh Nameh” may still be unclear to many people.
To answer the question of what is a sale deed ? First, it is better to define a sale, because a sale deed, including a car sale deed , contains the word sale at its root. Sale is an Arabic word that has entered the Persian language and the field of contracts in Iranian law through Islamic jurisprudence. The simplest definition of sale and the characteristics of a sale contract is buying and selling. In other words, any contract or agreement in which one party sells his property and the other party purchases that property and pays its price is called a sale.
Now that you are familiar with the concept of sale, we can define the concept of sale deed and answer the question of what is a sale deed ? In answer to the question of what is a sale deed ? It should be said that a sale deed consists of two parts: sale deed and letter, that is, a letter and a writing that is prepared regarding the sale . Sale deed is also the same contract of sale that we defined above.
Therefore, a bill of sale, also called a bill of sale, is a document that is drawn up regarding a sale or purchase agreement. In this contract, one party sells his property and the other party agrees to buy the property and pay the price. In a bill of sale , the two parties undertake various obligations to each other, but in situations where there is a need to prepare an official document for the transfer, it is perhaps safe to say that the most important of these obligations is the obligation to appear at the notary’s office to prepare the official document. The sale of real estate and cars are examples of these transactions.
One point that should be noted is that the deed of sale is a normal document that is often prepared in real estate offices and upon receiving a tracking code between the parties. Therefore, in common and legal terms, the transfer document that is prepared in a notary office is not called a deed of sale , and this document is called an official document .
At the end of this section, it is necessary to explain the difference between a contract of sale and another term, namely a contract of sale. In common usage, a contract of sale is often used in the same sense as a contract of sale , meaning a normal document that is drawn up for buying and selling. However, the two are different in legal terms;
With the explanation that the bill of sale or sale deed , as mentioned above, refers to a regular document in which the contract of sale of an immovable or movable property is written and registered; while in the promissory note, it is a document of commitment to sale or commitment to transfer , in which the parties preliminarily agree that if the conditions are met on a certain date to conclude the contract and transfer the property, they will be present at a specific location at that time. Therefore, the promissory note is a document of commitment to transfer and the bill of sale is a document of transfer.
Features of the Pledge of Allegiance
In the previous section, we answered the question of what a pledge is and explained the difference between a pledge and some other terms such as a promise and an official document. Now, in this section, we will explain the conditions and features of a pledge, which are as follows:
As its title suggests, the sale deed is dedicated to the sale and purchase agreement, or the sale contract.
Another feature of the deed of sale is that it is not specific to real estate, but can be used for purchase and sale contracts for all movable and immovable property .
The pledge is an ordinary document and does not have the validity of an official document.
Although the pledge is not considered an official document, since it is essentially a necessary contract, neither party has the right to unilaterally break it and terminate it, and under this pretext, refrain from fulfilling their obligations in the pledge, and in particular, from preparing the official document on the designated date.
If the deed of sale is lost with a tracking code, a copy can be obtained through the country’s property and transaction registration system. However, if the deed of sale is lost without a tracking code, a copy can be obtained from the other party and made equal to the original, otherwise, a lawsuit can be filed in court to prove the sale.
The guarantee of enforcement of the failure to fulfill the obligations mentioned in the memorandum of understanding is that the other party can request the court to require the defaulting party to fulfill the obligation and, in addition to taking action to receive compensation for delayed payment, in some cases, also take action to terminate the memorandum of understanding .