A case for the validity and enforceability of the sale contract is a substantive case, extending to the subject, extent and enforcement of the contract, and expands on all the reasons raised in it related to the existence and non-existence of the contract, its validity or invalidity, and requires that the subject matter of the contract be the transfer of ownership, which requires the court to decide on the validity of the sale and verify of meeting the necessary conditions for its convening and health.
The concept of a suit for validity and enforceability of the sales contract
It is the implementation of the seller’s obligations that would transfer the ownership of the thing sold to the buyer in kind, and obtain a judgment whose registration takes the place of the contract in the transfer of ownership. Therefore, the buyer does not respond to his request in the lawsuit unless the transfer of ownership to him and the registration of the judgment issued in it are possible.
Conditions for accepting the claim of validity and enforceability of the sales contract
Proof of the seller’s ownership of the sold property
If it is proven from the papers that the ownership has not transferred to the seller until the date of the settlement of the case, the buyer’s request to rule on the validity and enforceability of his purchase contract is not acceptable, and this leads to the fact that the judiciary in the request to establish the ownership of the seller will affect the request to rule on the validity and enforceability of the sales contract issued by him So that the independence of one of the other may lead to the issuance of contradictory rulings.
It is possible to register the ownership contract
The buyer does not respond to his request in the lawsuit unless the transfer of ownership to him and the registration of the ruling issued in it is possible, which is a matter that cannot be achieved unless the seller is the owner of the thing sold. The registrar, it makes the seller’s obligation to transfer the ownership to the buyer who did not register his contract impossible, and then the buyer’s request is not answered with the validity and enforceability of his purchase contract.
Fulfillment of the obligations of the seller and the buyer in accordance with the terms of the sales contract
The sale contract is one of the reciprocal contracts that would arrange between its two parties reciprocal obligations, including the seller’s obligation to transfer the ownership of the thing sold to the buyer and the buyer’s obligation to pay the price.
Each of the contracting parties may refrain from fulfilling his obligation and adhere to the payment of non-performance if the obligations are due for performance and the other contracting party has not fulfilled what he was obligated to, and if the contract requires one of the contracting parties to begin implementing his obligation before the other contracting party, the contractor charged with implementation is not entitled first to pay with this payment.
Hence, the seller may not file a claim for the validity and enforceability of the sale contract on the pretext of the buyer’s failure to fulfill his obligation to pay the price as long as they agreed that the payment of the price would be later on the transfer of ownership, and the buyer may not compel the seller to carry out his obligation to transfer ownership by filing a claim for validity and enforceability of the sale Unless the buyer himself has fulfilled his obligations, the most important of which is paying the price.
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