كشف و نقل در بيع فضولي

The Permission of an Unauthorized Sale

Permission in an unauthorized sale is called discoverer, i.e., with the issuance of the permission from the owner it is discoverer that an unauthorizad sale is correct. However, some jurisprudents believe that the permission is conveying, that is, with satisfaction of the permission after the occurrence of an unauthorized sale, such a sale is correct and binding from the time the permission is issued. The present study confirms the idea of factual conveing(permission as a subsequent condition). Some results and cusequences arise from the ideas of discovery and conveing, such as beneficial interests, plurality of contracts, lack of competence in owner, the time- limits for option, the possession permit by the principle, recession by principel and the lack of condition in the contract the legal results of which are different between the time when an unauthorized sale occurs and the ownerʹs unauthorization.