Document Type : research
Authors
1
PhD student in private law, Yazd Branch, Islamic Azad University, Yazd, Iran.
2
Professor of Private Law Department, Faculty of Law, Payam Noor University, Tehran, Iran; Professor of Private Law Department, Birjand Branch, Islamic Azad University, Birjand, Iran.
3
Assistant Professor, Department of Law, Yazd Branch, Islamic Azad University, Yazd, Iran.
10.22034/ejs.2024.420092.1569
Abstract
Background and purpose: sale of documents is one of the important issues of the rights of documentary credits, which has been discussed a lot so far. Considering the importance of the sale of documentary credits, the purpose of this article is to investigate the nature and time of transfer of ownership in international documentary sales.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: Documentary sales have a different nature from traditional sales. In the sale of documents, these documents are the subject of the transaction, and the buyers buy the documents and pay for them. According to some opinions, in this contract, the documents, especially the master of transportation, are sold, not the goods. Of course, it should be noted that there are other theories in this field and some believe that this is a contract of sale of goods. Also, some others believe that this contract has a complex nature, that the acceptance of each of the mentioned theories will have unique effects.
Result: The time of transfer of ownership in the documentary sale contract is determined only in the internal regulations of the legal systems and governs the domestic documentary sale contracts. This time has not been determined in the contract of sale of international documents, because there is no provision in the international regulations in this regard, and this matter has been referred to the law governing the contract
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