أحكام تسليم المبيع في القانون والشريعة الإسلامية : دراسة في التشريعين اليمني والسوداني

Abstract

ABSTRACT Rules ot'Delivery ofsold Quantities in Law and Islamic Shariaa (Study in Yemeni and Sudanese Laws) This research is an applied study of the commitment ofthe seller or vender to deliver the sold quantity and which is considered as the most important commitment which is duty of the seller in the sale contract. ' I relied 6n the study on the texts present in the Sudanese Transaction law for I984 and the Yemeni Civil Law 2002. I took up in an introductory chapter the rules when there is a deficit or an excess in the sold quantity at the time of delivery and law suits which became old that may arise due to this and also the sold quantity supplements. Then I took up the subject of the study in 5 chapters. I concentrated in the first, second and third chapters on the methodology of delivering the sold quantity and its ways and the cases _ of indirect arbitrary delivery on which the Sudanese Transaction Law elaborated in their explanation and also the rules to be applied when others claim that the goods belong to them and not to the buyer after delivery and determination of the place, the time and the costs of delivery. In the fifth chapter I took up the effects of fines applied on the seller when he fails or refuses to deliver the sold quantity according to general rules. I also dealt with halting or holding back ofthe sold quantity. I concluded the study by the topic oi‘ the perish oi’ the sold quantity whereby the Yemeni Law, the Sudanese Law and Islamic .lurisdiction ties this direction with deliveiy and not the end ol’ ownership and the guarantee that the seller will bear the outcome of detective sold quantities after delivery