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Main Page / Legislations / Law No. 16 of 1971 issuing the Law of Civil and Commercial Articles / Chapter One: Sale in General / Subchapter I: Sale Elements
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Law No. 16 of 1971 issuing the Law of Civil and Commercial Articles

Law Summary Record Type: LawNumber: 16Date: 25/08/1971 Corresponding to 04/07/1391 HijriNumber of Articles: 477Status: In force
Official Gazette :Issue: 7Offcial Journal Issue Publication Date: 01/01/1971 Corresponding to 05/11/1390 HijriPage from: 3458
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Subchapter I: Sale Elements

  • 246 Article

    Sale shall be achieved through mutual consent of both parties on sale and price.
    The buyer shall have enough information about the sale which shall include proclamation of sale and its main characteristics in the contract. If the contract stated the buyer acknowledged the sale, their right to claim repeal of sale for lack of acknowledgment shall be forfeited unless they managed to prove buyer was a fraud.

  • 247 Article

    Notifying several individuals about current prices and offering sales by sending a list of objects with their prices and figures shall not be considered assertion.

  • 248 Article

    If the sale was made through a sample, it shall be consistent with the sale. However, if the sample was damaged or wrecked by one of the contracting parties, even without them committing an error, this party, whether a seller or a buyer, shall prove this object consistent or not.

  • 249 Article

    In sale under trial, the buyer shall approve or deny the sale and the seller shall cede them a trial period. If the buyer denied the sale, they shall express their denial during the agreed period. If an agreed period was not set, the seller shall assign a reasonable period. After expiry of this period, if the buyer was maintained reticence along with trial of the sale, their reticence shall be considered an approval.
    The sale under trial shall be suspended upon a standing term which shall be approval of sale, unless agreement or circumstances showed the sale was suspended on a repealed term.

  • 250 Article

    In sale under partiality, the buyer may approve of the sale, but they shall express their approval during the period assigned by agreement or custom. The sale shall not be concluded until after expression of approval.

  • 251 Article

    If a trader sold other's money, the buyer shall not possess the sale. However, the seller shall be compelled to possess the sale and deliver it to the buyer or else they shall be responsible for indemnity.

  • 252 Article

    If a trader sold other's transferred money to an individual, in conformity with their trade and achieved delivery, the buyer shall be owner of the sale if they had good will. However, if the money of the sale was missing or stolen, the owner shall be paid back within three years of the time of loss or theft. The buyer shall also claim the owner to reimburse the paid amount.

  • 253 Article

    Selling trade money that may have been absent at the time of the contract and may be prepped and delivered on time, shall be valid

  • 254 Article

    Amount estimation may be bound only by certain ground rules.
    If the amount was agreed to be equivalent to market price, the amount may be, under doubts, equivalent to market price at the time and place of seller buyer delivery. If the place of delivery was far from any market, they shall consider market price of a market know by custom to have running prices.

  • 255 Article

    If the price of sale was not defined by contracting parties, this shall not require repeal of sale when circumstances may reveal that contracting parties intended to rely on market price in commerce or on the amount they agreed on.

  • 256 Article

    A third party may be authorized to define the price of sale. If this third party did not define the price for any reason, the buyer shall be required to pay market price on the day of delivery. If the market price could not be acknowledged, the judge shall assign the price.

  • 257 Article

    If the price was estimated on weight basis, net weight shall be considered, unless both parties agreed or custom indicated otherwise. Custom shall also define the tolerated amount of merchandise shortage due to transportation or other causes or it shall be defined through an agreement on delivering an approximate specified quantity.

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