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Law No. 16 of 1971 issuing the Law of Civil and Commercial Articles
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Subchapter II: Sale Effects
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2- Buyer Obligations
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Law No. 16 of 1971 issuing the Law of Civil and Commercial Articles
Law Summary Record
Type:
Law
Number:
16
Date:
25/08/1971 Corresponding to 04/07/1391 Hijri
Number of Articles:
477
Status:
In force
Official Gazette :
Issue:
7
Offcial Journal Issue
Publication Date:
01/01/1971 Corresponding to 05/11/1390 Hijri
Page from:
3458
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2- Buyer Obligations
267 Article
Price shall be over due at the place of sale delivery, unless an agreement or custom stated otherwise.
If price was not over due at the time of sale delivery, the place of fulfillment shall be the habitat of the buyer when price due date.
268 Article
Price shall be due at the time of sale delivery unless stated otherwise by an agreement or custom.
If an external party demanded the buyer to fulfill a previous sale right or if the sale was at risk of being taken away from the buyer, they shall freeze payments until danger recede, if not prohibited by a term of the agreement. Moreover, the seller may claim fulfillment in this case by hiring a sponsor. This provision shall be implemented if the buyer discovered a defect in the sale.
269 Article
If the whole or part of the price was due immediately, the seller shall confiscate the sale until fulfillment of what they may be entitled of even if the buyer offered a mortgage or guarantee. That shall be the case if the seller did not grant the buyer a delay after delivery.
270 Article
While it may be in the seller's custody, if the sale was damaged, the buyer shall be held responsible unless the buyer caused the damage.
271 Article
If the price was not paid on the agreed date; the seller shall, after notifying the buyer, claim variance between the agreed price and the price of reselling the object in good will.
If the sale included goods of conventionally known prices, the seller shall demand the buyer to a variance between the agreed price and the price assigned on the day of execution.
272 Article
If place and time of sale delivery were not assigned in the agreement or by custom, the delivery shall be achieved where the sale was at the time of sale and the buyer shall displace the sale within a reasonable period without any slowdown
273 Article
The cost of sale delivery shall be at the buyer's expenses, unless stated otherwise by an agreement or custom.
274 Article
In case the buyer refused sale receipt, the seller may deposit the sale in a keeper's guard and sell it at auction after assigning a reasonable period and notifying the buyer without slowdown. However, if the sale was subject to possible wreckage, it may be sold in auction without the need to any notice.
If the sale price was known on market price, it may be sold in that price through a broker.
The seller shall deposit the earnings of the sale process in court treasury without breaching their right to price discount, deposit and sale expenses.
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