1
Assistant Professor of Law Faculty at Ferdowsi University
2
Ph.d in Criminal Law and Criminology of Science and Research Branch of Islamic Azad University
Abstract
Goods obtainer is one who obtains the goods or samples at the time of conclusion of contract from the other party for examiningand testing. After that if he/she is happy with the result, he/she may decide to buy it. When he obtains the goods, if any defect or damage may be done to the goods, is he/she legally liable? Is it right to presume him/ her as a trustee? Or is it better to regard him absolutely liable? This paper intends to explain the terms and elements of the term “goods obtainer”. Then it will review the arguments of the famous Shiite jurists and Iranian lawyers. While reviewing these arguments, the paper deals with the question whether “goods obtainer” is an independent cause for liability? Does Iranian Civil Code deals with this term? At the end, it will be discussed whether the goods obtainer is a rule of Fiqh?
Khodabakhshi, A., & Moradi, A. (2016). Liability of Goods Obtainer in Shiite Fiqh, Civil Code and Iranian Legal Doctrines. Judgment, 16(85), 27-40.
MLA
Abdollah Khodabakhshi; Amir Moradi. "Liability of Goods Obtainer in Shiite Fiqh, Civil Code and Iranian Legal Doctrines". Judgment, 16, 85, 2016, 27-40.
HARVARD
Khodabakhshi, A., Moradi, A. (2016). 'Liability of Goods Obtainer in Shiite Fiqh, Civil Code and Iranian Legal Doctrines', Judgment, 16(85), pp. 27-40.
VANCOUVER
Khodabakhshi, A., Moradi, A. Liability of Goods Obtainer in Shiite Fiqh, Civil Code and Iranian Legal Doctrines. Judgment, 2016; 16(85): 27-40.
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