Resumo

KARAMI, Hamidreza Ali  e  HOSSEINI, Habib Anis. Educational analysis passing of risk in Iran and British legal system law textbooks. Conrado [online]. 2020, vol.16, n.76, pp. 221-224.  Epub 02-Out-2020. ISSN 1990-8644.

One of the most accepted legal entities in reciprocal contracts is Passing of Risk. The aim of this research is analyzing educational passing of risk in British legal system in law textbooks. According to this entity indicated on Article 387 of Civil Code, after formation of sales contract, and until delivery of object of sales, any waste or defect for the object of sales would be imposed on seller. Despite of the stated doubts, passing of risk seems to be acceptable to specific goods, not only in purchase contract and related to the object of sales but also to a specific price, and the object of sales and price for other reciprocal contracts as stated by legislator in lease contract, loan, and marriage. Considering relations of this entity with delivery as one of the Acts on nature of purchase contract, it is impossible to make opposite agreement. In British Law, the entity has been accepted under the name of Passing of Risk within section 20 for Sale of Goods Act 1979.

Palavras-chave : Reciprocal Contract; Passing of Risk; Delivery; British Law; Law Textbooks.

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