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A Critical Overview of Conflicts and Ambiguities in Pre-Sale Construction Contracts
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Seyedeh Atefeh Mirhosseini1   , Meghdad Ebrahimi2 , Alireza Mirheydari Langroudi3 |
1- M.A. Student of Private Law, Department of Law, Lahijan Branch, Islamic Azad University, Lahijan, Iran.
2- Assistant Professor, Department of Islamic Studies, Lahijan Branch, Islamic Azad University, Lahijan, Iran.
3- Assistant Professor, Department of Law, Lahijan Branch, Islamic Azad University, Lahijan, Iran. |
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Abstract: (8 Views) |
Pre-sale construction contracts, as one of the key instruments for financing the construction industry, face legal challenges. On one hand, the general rules of contracts under civil law are based on principles such as consensual formation, freedom of will, and gradual transfer of obligations. On the other hand, the Pre-Sale Construction Act adopts an interventionist approach by imposing formal requirements and mandatory procedural conditions. This duality has created conflicts and interpretative ambiguities within the legal system governing pre-sale contracts. The question is to what extent these conflicts undermine the coherence of the contractual system and what consequences they generate for the legal security of the parties. This research employs a descriptive–analytical method based on sources to examine the relationship between the provisions of civil law and the special rules of the Pre-Sale Construction Act. The focus is on areas of conflict such as the nature of the contract, the requirement of formality, the limits of party autonomy, the mechanism of ownership transfer, and civil remedies. The aim is to identify the legislative logic underlying these conflicts and to provide a picture of the functioning of the existing framework. The findings indicate that a significant portion of the pre-sale regulations not only fail to complement general legal rules but in some cases lead to normative overlap and interpretive duality. This situation reduces contractual predictability and undermines the effectiveness of remedies. Consequently, revising the coherence between special legislation and general contractual principles emerges as a legislative necessity.
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Article number: 5 |
| Keywords: Normative Conflict, Pre-Sale Construction Contract, Formal Requirement, Gradual Transfer of Ownership. |
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Full-Text [PDF 605 kb]
(5 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2026/08/23 | Revised: 2026/10/7 | Accepted: 2026/10/24 | Published: 2026/12/22
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