به آیینی و به سامانی:
درستی - سازش - شادی
نوع مقاله : مقاله پژوهشی
نویسنده
دانش آموخته دانشگاه بین المللی امام خمینی، قزوین، ایران. وکیل دادگستری
کلیدواژهها
عنوان مقاله English
نویسنده English
Articles 384 and 355 of the Iranian Civil Code address, respectively, the two situations in which the subject matter of a sale is divisible and indivisible. Although Article 485 expressly refers to a house, it appears that, pursuant to Article 10 of the Apartment Ownership Act, the legal treatment of an apartment differs from that of a house. The basis for this distinction, in addition to the aforementioned provision, lies in the customary practice governing apartment transactions, under which the floor area is ordinarily set against the purchase price. This is particularly significant where the sale is concluded before the exact floor area has been determined on the basis of the condominium subdivision plan (soorat-majles-e tafkiki) and the official cadastral plans, and a discrepancy in area is subsequently discovered upon delivery of the property and execution of the official deed.
In such circumstances, a party who has paid a higher price but received a smaller area, or who has sold a larger area than that ultimately delivered, should be entitled to claim the difference without having a right of rescission under Article 355 of the Civil Code.
کلیدواژهها English
