Page 93 - Pure Life 29
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92 International Multi. J. of PURE LIFE. 9 (29): 73-102, Winter 2022
The jurists have stated four the payment and also the buyer
reasons for the legitimacy of has the right to keep the
this right: payment to receive the goods”.
a) Obligation to give someone About Ertekaz, he also
else’s property back explained that customarily
b) Requirement of the Mortakez is who doesn’t give
general statement of marriage the reciprocal thing in the
c) Rational judgment resulted transaction as long as the
from the transaction something in the transaction
d) Ertekaz rule. has not given to him,
therefore, there is a right for
Mohaqeq Naeini (1994) actually the parties not to deliver the
considered Ertekaz here as an object of transaction until the
“implicit condition” in the other party has not been the debt.
transaction and explained:
“But you are aware that lien is 3. Option of Loss
permissible in the exchanges Option of loss is one of the
before or after the transaction; rights discussed in transactions
but before termination, it is and there are several theories
due to the implicit condition of about it. Some jurists have
the parties because it is proved it by referring to the
customarily on the basis of “defect of will”, that is, the
giving and taking the goods loser is not satisfied with what
and according to custom, it is has happened, and therefore
considered as a matter of taking property from him is an
Ertekaz (and definite). Therefore, example of unjust possession.
the seller has the right to keep By referring to the
the something sold to receive “principle of no harm”, others
