التزام المشتري بدفع الثمن وتحمل مصروفات المبيع

Abstract

This research is basically on one of the most important contracts both in law and Islamic sharia i.e. the sale of goods contract, this contract is closly connected to the daily life of every bodyl The focus is on the obligations of the purchase, namely. the obligation to pay the price and the obligation to pay the fees of the subject matter. The researcher has in details discussed the rules relating to the sellers obligations and the other part and his obligation which is why they have been excluded here. The research is divided into five chapters, chapter one expose the concept of sales of goods contract in general language and technically , sharia and English and Eudanese laws. Chapter two defines the price, its conditions in Civil Transactions Act 1984 and the nullified Civil Code 1971. It also discusses the different types of sales in Islamic Jurisprudence in which price takes different forms. Further more, the chapter discusses the gurint price as one of the mechanisms through which the price can be determined. The chapter also expose the various types of actions relating to the obligation of the burchaser to psy the price. Chapter three concentrates on payment of price and its tennination as an obligation . it also discuses payment of benefits coming out of the price in the Civil Translations Act 1984, the nullified civil 1971, and English and Egyptian laws. In additions this chapter clarifies the right of the seller and the burchaser to lien. Chapter four is about the rules and effects related to the breach of contract by the buyer, by non paying the price or refusing to bear the fees of the subject matter. These effects include, interalia the right to lien and right to terminate the contract. The chapter states the three types of termination; judicial termination, contractual termination and termination according to the rules of law. Chapter five illustrates the fees of the subject matter in the Civil Transactions Act and English law. The rules of the English law in respect to fees are stated by shortly discussing the intemational (fob-car)sale of goods contract The reach contains a conclusion states the most significant findings and hatices, the most prominent one is that the Civil Transaction, Act 1984 has really and unique distinguished provisions. The research proposes some recommendations that can contribute to the legal reform process as far as price and fees payment is concemed.