Page 95 - Pure Life 29
P. 95
(
/
94 International Multi. J. of PURE LIFE. 9 (29): 73-102, Winter 2022
payment. Option of delayed payment of the price and the
payment means that “if the non-impediment to payment is
seller does not pay the an Ertekazi condition for the
something sold to the customer sale of the seller.
and does not receive the price Also, delivering the goods
and the condition of delay of for sale and not preventing its
the price is not met, the sale is delivery is an Ertekazi
necessary for up to three days. condition for the customer's
Therefore, whenever the customer purchase. That is, both the seller
brings the price during this and the customer consider the
period, he can take it from the delivery of the price or the
seller, otherwise the seller can goods for sale on the other side
both cancel the sale without as an integral part of the
the need to go to a judge or transaction. (Tabrizi, 1995: 238)
keep the sale and demand the It means that after the
price from the customer”. contract, if the seller makes a
(Hosseini Ameli, 1998: 244) contract with the goods for
Some jurists, such as sale and the customer refuses
Ayatollah Mirza Javad Tabrizi to pay the price, the seller has
(1995) considered Ertekaz as the right to terminate the
the basis of the option of transaction; because payment
delayed payment and wrote, of the price and non-refusing
“When the goods for sale are by the customer is an Ertekazi
delivered immediately after condition for the sale of the
the contract but the customer seller, and also the contract of
refuses to pay the price, the the seller and non-refusing by
seller has the right to terminate the seller is an Ertekazi condition
the transaction because the for the customer's purchase.