Document Type : Scientific Research
Authors
Abstract
In this article, Sale of fruits on the tree has been investigated in law of Iran and Shi’et Jurisprudence. The purpose of this paper is to investigate the validity and invalidity of fruit presale on the tree. With regard to this, we face a question, that is, is sale of fruit before appearance and also after appearance and before ripening valid? And how the appropriation of one else's property is justified? Obtained result in this article showed that presale of fruits before appearance is valid, so, presale of them after appearance and before ripening would be strongly valid. However, it should be said that accessibility to the fruits on the tree in future should be such a much that eliminate any subsequent probability. In addition, it should not have any intensified risk or manner of destruction and the possibility of blighting must be unpredictable to finally get away from any detriment. Furthermore, presale of future fruits does not face with the problem of appropriation to non-existent since alienation took away when consideration existed.
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