LessonsLegal Impediments: Formation, Completion, Commencement and ContinuationQuiz

ومثال الثالث: البيع بشرط الخيار
The third type is illustrated by a sale with a stipulated option.

The essentials of a sale may be present, while an option allows a party to affirm or rescind the transaction during an agreed period. The option prevents certain legal effects from taking effect with the same immediate finality as in a fully binding sale.

This differs from the attempted sale of something legally unsuitable as sale property: that fails at constitution. Here a legal act has been constituted, and the impediment concerns the inception of particular effects. Exact consequences depend on which party has the option and the applicable doctrine.

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A sale with a stipulated option

Legal Impediments: Formation, Completion, Commencement and Continuation

ومثال الثالث: البيع بشرط الخيار
The third type is illustrated by a sale with a stipulated option.

The essentials of a sale may be present, while an option allows a party to affirm or rescind the transaction during an agreed period. The option prevents certain legal effects from taking effect with the same immediate finality as in a fully binding sale.

This differs from the attempted sale of something legally unsuitable as sale property: that fails at constitution. Here a legal act has been constituted, and the impediment concerns the inception of particular effects. Exact consequences depend on which party has the option and the applicable doctrine.