التنظيم القانوني و الشرعي لانتقال ملكية المبيع في فترة خيار الرؤية

الملخص EN

The default that a sold item in a sale contract could be looked at and inspected through seeing it at or before contracting time whereas a buyer can appreciate its nature; and the exception is that a buyer have had not seen the sold good at the contracting time upon an option for him to withdraw from such a contract if the good is inspected and found missing or in contradiction with the specified qualities.

Thus, the vision or inspection option has been approved and enacted in law to guarantee a sufficient knowledge of the sale’s subject, therefore, establishing a complete informed consent with which the allegation of contracting regret becomes unrealistic or unimaginable.

This is translated via the vision option seizing the obligatory nature of contract upon who he has the vision choice, where the latter has the right either to conclude the contract or withdraw from it.

The recognition of this option, subsequently, impacts title and property transfer between parties to a sale contract: this particular issue is the essences of our research; where the importance of this option stems from its influence on two important principles governing contract.

These are: Transactions Stability and Contractual will, where the first one is dependent on the latter.

However, Sharia jurists have had disagreed over the role played by this option upon title transfer when such option is enforced.

Meanwhile, the texts of both Iraqi and Jordanian Civil laws remain inexplicit in this regard.

Therefore, this study concludes that it is immensely necessary to textually specify that a contract is nugatory before utilizing such option including marking a time by the elapse of which the utilization of the option becomes invalid