Al-Majallah al-Ahkam al-‘Adaliyyah
Chapter 4: Power to Deal with the Price and the Thing Sold After the Sale.
Section 1: Right of Vendor to Dispose of the Price
and of the Purchaser to Dispose of the Thing Sold After the Conclusion
of the Contract and Prior to Delivery.
252. The vendor has a right to dispose of the price of the thing sold before
receiving the same.
Example: A person who has sold property, of his own can transfer the
price thereof to meet a debt.
253. If the thing sold is real property, the purchaser can sell such
real property to another person before taking delivery thereof. He may
not, however, sell movable property.
Section 2: Increase and Decrease in the Price and
in the Thing Sold After the Conclusion of the Contract.
254. The vendor may increase the amount of the thing sold after the conclusion
of the contact. If the purchaser agrees to such increase at the meeting
place of the parties, he has a right to insist upon such increase and the
vendor may not go back upon his offer. An Acceptance by the purchaser after
the meeting, however, is invalid.
Example: A bargain is concluded for the purchase of twenty melons at
twenty piastres. The vendor states that he has given five more. If the
purchaser accepts at the meeting, he has the right of taking twenty-five
melons for twenty piastres. If he fails to accept at the meeting however,
but seeks to accept subsequently, the vendor cannot be obliged to give
the additional number.
255. The purchaser may increase the fixed price after the conclusion
of the sale. If the vendor accepts such increase at the meeting where the
offer is made, he has the right to insist upon such increase and the purchaser
may not go back upon his offer. If the vendor accepts after the meeting,
however, such acceptance is invalid.
Example: A bargain is concluded for the sale of an animal for one thousand
piastres. After the conclusion of the sale, the purchaser states that he
has added an additional two hundred piastres. If the vendor accepts at
the meeting where the offer is made, he must pay one thousand two hundred
piastres for the animal. If the vendor fails to accept at the meeting,
however, but signifies his acceptance later, the purchaser cannot be forced
to pay the additional two hundred piastres that he has undertaken to give.
256. The vendor may validly deduct a portion of the fixed price after
the conclusion of the contract.
Example: A bargain is concluded for the sale of certain property for
one hundred piastres. Later, the vendor states that he has deducted twenty
piastres. He can only obtain eight piastres for the property in question.
257. Any increase made by the vendor in thing sold and by the purchaser
in the fixed price, or any decrease on the part of the vendor of the fixed
price after the conclusion of contract becomes a part of the original contract.
That is to say, such increase or decrease is contemplated as having been
part of the original contract at the time such contract was concluded.
258. If the vendor increases the thing sold after the conclusion of
the contract, the increase becomes part of the fixed price. Examples:
-
A vendor adds two watermelons to the eight watermelons that he has sold
for ten piastres. The purchaser agrees and the ten watermelons are sold
for ten piastres. If the two watermelons are destroyed before delivery,
the price thereof is deducted from the total price and the vendor can only
demand eight piastres for the eight water melons.
-
A vendor sells a piece of land measuring one thousand yards for ten thousand
piastres. After the sale he adds one hundred yards, to which the purchaser
agrees. If a person claiming a right of pre-emption comes forward, he can
take the whole amount represented by the ten thousand piastres, that is
to say, one thousand on hundred yards.
259. If the purchaser increases the fixed price after the conclusion
of the contract, the sum total of the fixed price together with the increase
becomes the corresponding value of the thing sold in respect to the two
contracting parties. Example: A purchaser buys a piece of real property
held in absolute ownership for ten thousand piastres. Before taking delivery
he adds five hundred piastres, to which the vendor agrees. The price of
the real property in question is ten thousand five hundred piastres. If
a person who is entitled to such property comes forward, proves his case,
obtains judgment, and takes possession of the real property in question,
the purchaser is entitled to claim the sum of ten thousand five hundred
piastres from the vendor. If a person claiming a right of pre-emption to
such real property comes forward, such person can take the real property
in question for ten thousand piastres, but the vendor cannot claim the
five hundred piastres subsequently added from the person claiming the right
of pre-emption, because such person’s right is based upon the fixed price
in the original contract, the subsequent increase to the original contract,
the subsequent increase to the original contract affecting the contracting
parties only and in no way invalidating such person’s claim.
260. If the vendor reduces the price of the thing sold after the conclusion
of the contract, the remainder of the fixed price is the corresponding
value of the whole of the thing sold.
Example: A piece of real property held in absolute ownership is bought
for ten thousand piastres. The vendor deducts one thousand piastres. The
price of the real property is question is nine thousand piastres. Consequently,
if a person claiming a right of pre-emption comes forward, he may take
such property for nine thousand piastres.
261. The vendor may deduct the whole of the price of the thing sold
before delivery, but this is not part of the original contract.
Example: The vendor sells a piece of real property held in absolute
ownership for ten thousand piastres. Prior to delivery he forgoes the price
thereof altogether. A person claiming to have a right of pre-emption may
take such property for ten thousand piastres. He may not claim to take
it for nothing.
Back to Table of Contents.
| 
1_small.jpg)
