Analysis and Evaluation of jurisprudential and Legal Perspectives on Waste in Law and the effect of Its Occurrence in a Sale Contract

Articles in Press

Document Type : Scientific Research

Authors

1 PhD student in private law, Department of law,Za.c., Islamic Azad university, Zanjan, Iran

2 Assistant professor, Department of law,Za.c., Islamic Azad University, Zanjan, Iran

3 Assistant professor, department of law,Za.c., Islamic Azad University, Zanjan, Iran

Abstract

One of the important issues with specific rulings in a sale contract is Waste in Law. Waste in Law generally refers to a situation in which the property itself still exists but the possibility of its return, practically and in a real and genuine manner, does not exist. Legal and jurisprudential approaches to Waste in Law and the effects of its occurrence in a sale contract are not necessarily the same, and given the importance of the discussion and the necessity of addressing the differences of opinion that exist around this topic, the present article is dedicated to discussing Waste in Law and the effects of its occurrence in a sale contract. The result is that, in general, Waste in Law has been used in jurisprudential and legal statements in three concepts: loss of sovereignty, prohibition of transfer and customary opposition, but it seems that a more logical approach is to discuss the rules, regulations and effects of Waste in Law under the same first heading, namely loss of sovereignty.
Keywords:
Inability to perform the Contract, Waste, Waste in Law, Impossibility of Return, Contract of Sale, Loss of Sovereignty.

Keywords

Main Subjects

Civil Law Knowledge

Articles in Press, Corrected Proof
Available Online from 07 December 2025

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