Abstract
The time of transfer of ownership in sale of specific goods, is an important and effective subjects in slamic jurisprudential issues. If there is an option in contracts transferring ownership, such as sale, when the ownership is transferred? Does, after the declaration of the offer and acceptance, the ownership of goods is transferred to the buyer and the seller will own the consideration or these legal changes are subject to lapse of option? Among slamic jurists, there are three opinions in this regard. We believe that as soon as the sale contract is concluded, it transfers the ownership and during the option period, the seller and buyer, are respectively, the owner of good and consideration. This is the major opinion in Shiite Jurisprudence and has been adopted in article 364 of Iranian Civil Code. The study of different reasons of this opinion, will assist to know the theoretical basis of Code Civil in this regard.
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