ماهيت قراردادهاي ساخت و ساز (در فرض پيش فروش)

An Investigation of Volition, Intention and Consent in Islamic Jurisprudence and Iranian Law

One of the todayʹs modern life phenomenons is the construction of trade and residential buildings vertically in complexes and selling them before completion which preliminarily results in making innovative and new contracts known as "Construction Contracts". Knowledge concerning the quality and quantity of these contracts which are proliferating every day is an unavoidable necessity especially for lawyers. Doubt comes from this fact that presaleʹs subject matter is neither present nor definite, and so this kind of contract lacks one of its essential elements. On these bases, different theories will be analyzed in the specific definite contracts to justify them, discussed in the following lines. Finally some practical suggestions will be given to solve the related problems.