Jurisprudence

Jurisprudence

Feasibility study of considering the buyer as a proxy for claiming damages incurred to the sold item during the seller's ownership

Document Type : Original Article

Authors
1 PhD student in private law, University of Judicial Sciences and Administrative Services, Tehran, Iran
2 Assistant Professor, Department of Islamic Law, University of Judicial Sciences and Administrative Services, Tehran, Iran
Abstract
One of the issues that has attracted significant cases in legal practice is the possibility or impossibility of the buyer's special representative to claim damages to the sold item during the seller's ownership. Our legal literature is silent on this issue, and there are differences of opinion among lawyers on this issue. This research, which was conducted by referring to library sources and reviewing previous research and using a descriptive-analytical method, seeks to examine the possibility of transferring the right to claim compensation to the buyer, or his special representative, by examining a judicial case. Based on the results of the research, a distinction should be made between complete loss of the sold item and its partial loss. In complete loss, a representative does not occur; because the sale is not valid for the lost property; In partial loss, due to the nature of the right to claim damages, which is a right based on a person and not a right based on property, as well as the provisions of the rule of action, if the buyer is aware that the sold item has been damaged, he has acted to his own detriment, so there will be no basis for claiming damages on his part. Also, considering the principles governing civil liability, the buyer's representative will not arise; therefore, the buyer will not have the right to claim damages from the agent who caused the damage to the property.
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Volume 1, Issue 2 - Serial Number 2
September 2025
Pages 47-62

  • Receive Date 17 December 2025
  • Revise Date 03 January 2026
  • Accept Date 28 January 2026