Document Type : Original Article
Authors
1 Assistant Prof of Faculty of Law and Political Science , shahid chamran university of ahvaz, Ahvaz, Iran
2 Assistant Professor, Faculty of Law and Political Sciences, Ferdowsi University of Mashhad.
3 rafsanjan
4 ghorbani
Abstract
Comparative and economic Examination of risk transfer point in general Property
Abstract:
This research is about Comparative and economic Examination of risk transfer point in general Property. We want to answer to this question: “what is the time of risk transfer point”? this question is addressed through examination of the Vienna Convention, Iranian and English legal systems. Examination of the three legal systems shows that the risk is a material and objective concept. Thus, in legal systems in which the ownership will establish as soon as agreement between parties, the risk transfer point is along with material event (delivery or possession and/or transferable conditions); because the party who possess the property is naturally responsible for risk, or party with suitable condition, and this is determined in accordance with the custom of the contract. From the perspective of economic analysis, avoidance of moral risk, resulted by the information superiority of seller, necessitate transfer of risk at the point of delivery to the customer, in such a way that the frustration of possession is impossible. In other hand, it is concluded that in economic point of view, the seller is in the better position to insure the property.
Keywords:
Transfer point, general property, delivery, transfer of ownership, economic analysis.
Keywords
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