Analysis of the nature of building pre-sales contracts with emphasis on the pre-sale law of 2010

Saeed Reza Zadeh¹

1) Master of Laws

IOI Code : XCZE-EEBGB
Publication : 3.rd International Congress of Science, Engineering and Technology - Hamburg(germanconf.com)
Abstract :
    A pre-sale contract is a contract whereby the official owner of the land or the investor (pre-seller) commits to construct or complete the specified building unit in the said land against the other party (pre-buyer). This contract is one of the legal entities that has no track record in jurisprudence and civil law. Therefore, recently the legislator has enacted a law to address deficiencies and problems in the area of ​​pre-sale of the building and to regulate the parties to the said contract, the main focus of which is to stabilize pre-buyer ownership, to facilitate and expedite settlement of disputes. It derives from the contract and provides for a guarantee of its breach. In the present study, while analyzing the nature, features and warranties of legal implementation of pre-sale contracts, it analyzes and critiques the strengths and weaknesses of the new law and concludes that: First: the pre-sale contract in terms of nature and contractual nature It is unique with its unique characteristics that its nature must be analyzed exclusively by the new law. Secondly: in terms of performance guarantee. Third: In order to facilitate and expedite the settlement of disputes arising out of these contracts, the legislator has foreseen that the arbitration shall be a compulsory arbitration in nature and shall be a legal arbitration.

Keywords : pre sale contract pre sale special contract performance guarantee contractual liability