Volume 27, Issue 100 (winter 2023)
__Judicial Law Views __2012__, 27(__59__): __224186 |
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Research code: A-10-3277-1
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olfat M B. The Causes of Disputes in the Pre-sale Construction and the Ways for the Reduction of the Resulting Claims. دیدگاههای حقوقی 2023; 27 (100) :165-186
URL: http://jlviews2.ujsas.ac.ir/article-1-2213-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-2213-en.html
1- Judiciary , mohamadbagherolfat@gmail.com
Abstract: (476 Views)
Today, the disputes over the sale of buildings and apartment units before construction are one of the most common problems in society, which relates to pre-sale or pre-construction contracts. The long duration of construction projects and fluctuations in the prices of materials, especially due to the unstable economic conditions at the present time, is one of major reasons for the increased number of disputes and obstacles in the development of pre-sale contracts in Iran. Regardless of the circumstances which are beyond the control of the contracting parties, many of the contractual and non-contractual issues, due to the multi-dimensional complexity of the pre-sale contracts, cause the disputes between the contracting parties in fulfilling the obligations of such contracts. This paper aims to identify and assess the major factors that cause disputes in contracts related to immovable assets (in general) and pre-sale contracts (in particular).
Furthermore, a number of solutions are proposed to prevent disputes in pre-sale contracts. Formal registration of the pre-sale contracts of buildings seems to be one of the most significant solutions. In general, this paper uses a descriptive-analytical research method to identify the causes of the disputes and presents some solutions to prevent such disputes, regardless of the type and nature of pre-sale contracts
Furthermore, a number of solutions are proposed to prevent disputes in pre-sale contracts. Formal registration of the pre-sale contracts of buildings seems to be one of the most significant solutions. In general, this paper uses a descriptive-analytical research method to identify the causes of the disputes and presents some solutions to prevent such disputes, regardless of the type and nature of pre-sale contracts
Type of Study: Applicable Research |
Subject:
Pivate Law
Received: 2022/06/22 | Revised: 2023/04/16 | Accepted: 2022/11/02 | Published: 2023/03/18 | ePublished: 2023/03/18
Received: 2022/06/22 | Revised: 2023/04/16 | Accepted: 2022/11/02 | Published: 2023/03/18 | ePublished: 2023/03/18
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