Two different actors have distinct rights:
1. Inspection option: the buyer had not seen the goods.
2. Unauthorized sale: the real owner did not authorize the sale and decides whether to ratify.
Their appearance in the same chapter does not give them the same legal cause. One concerns inspection; the other, ownership authority.
Start every case by identifying whether the claimant is the buyer or the true owner.
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Khiyar al-Ru’yah: Inspection, Unauthorized Sale and Options
Two different actors have distinct rights:
1. Inspection option: the buyer had not seen the goods.
2. Unauthorized sale: the real owner did not authorize the sale and decides whether to ratify.
Their appearance in the same chapter does not give them the same legal cause. One concerns inspection; the other, ownership authority.
Start every case by identifying whether the claimant is the buyer or the true owner.