نوع مقاله : مقاله پژوهشی
دانشیار حقوق عمومی، دانشگاه پیام نور، تهران
عنوان مقاله [English]
One of the most important lawsuits is actions for the object of sale, which is caused by the lack of proper regulation of the contract of sale by housing consultants, and can be reduced by taking preventive measures. Unfortunately, the legislature has provided the ground for violating the rights of citizens and increasing the number of cases by enacting ineffective laws without regard to the harmful effects of the writing of the bill of sale by persons without legal knowledge. Therefore, the main question of the research is to what extent does the preparation of the contract of sale and its correct writing by legal experts prevent the occurrence of disputes? With a descriptive-analytical approach, the paper seeks to provide effective strategies for preventing property disputes by requiring the parties to refer to legal experts to write bill of sale. The results of the research show that many cases are caused by non-observance of legal rules, and if the writing of sale contract is done by legal experts, it will prevent or reduce these lawsuits. According to commercial law, housing consultants have only the role of mediator and do not have the authority to write a bill of sale.