Document Type : Research/Original/Regular Article
Authors
1
Associate Professor of Private Law, Department of Private Law , Faculty of Law and Political Sciences, University of Mazandaran ,Babolsar ,Iran.
2
PhD Candidate in (Private Law), Department of Private law , Faculty of Law and Political Sciences, University of Mazandaran ,Babolsar ,Iran.
10.22106/jlj.2026.2050980.6190
Abstract
At first glance, receipt and delivery of the subject matter of the contract may appear simple and even synonymous in legal terminology; however, upon closer examination, it becomes evident that each of these two concepts differs in nature, scope of application, instances, time of occurrence, and legal effects. This issue has been accompanied by various and sometimes conflicting opinions in the law of Iran and Shi’a (Imamiyyah) jurisprudence, and raises the question of whether these two notions truly share the same meaning and effect. This article, using a descriptive and analytical approach, seeks to answer this question and concludes that although receipt and delivery seem distinct in terms of legal sanctions, scope of application, instances, and the degree to which mistake or deception affects them, the arguments supporting the separation of these two concepts can be undermined. Therefore, it is preferable to regard receipt and delivery as having one and the same legal concept.
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