قولنامه

1 Law:: An executory sale agreement in which practically all terms and conditions including the price, the description of thing sold, the terms of payment or purchase money, and the date of delivery to buyer of the thing sold have been agreed upon between seller and buyer. In Iran, any kind of definitive sale of landed property or of a motor vehicle must be under seal, ie must be executed by a notary public in due process of applicable laws and regulations and in strict compliance with unified statutory formalities. In order that a parcel of landed property may be ready for a definitive conveyance by the seller at a notary public, the seller must first secure various documents from the local municipality, local Department of Internal Revenue Service (in Iran, known as the local finance department), and various offices of the Instruments and Landed Property Registration Authority of Iran (ie edâreye sabt, and sabte koll). Since the acquisition of all those documents routinely takes any length of time from a couple of weeks to several months or even more – especially if the local municipality department has not yet issued a “certificate of occupancy” for the subject landed property or more especially if the subject property is still under construction – buyer and seller have traditionally had to wait a relatively long time before the documents needed by the notary public for a final definitive conveyance may be ready. Now it happened that in the meanwhile, that is between the date of entering into a قولنامه ie an executory sale agreement by buyer and seller and the day and month and year of their reporting to an agreed notary public for a definitive conveyance, sellers frequently backed down on the agreement and arbitrarily hiked the contractual price and demanded extra payments from the buyers allegedly in compensation for the difference, in their own judgment, in the actual value of the property at the date of the executory sale agreement and the date of the actual definitive conveyance of subject property at the office of a notary public, the case frequently leading to successful, but often very lengthy, court action by the buyers. Partly to remove the steadily-increasing burden of such actions pending before the courts, and partly for certain other reasons shortly after the culmination in 1979 of the Islamic Revolution in Iran the Iranian judges, apparently basing their verdict on the shariat law, eventually held that executory sale agreements were not wholly binding on either party as long as they were expressly styled قولنامه . Hence, immediately following the unanimous decision by the judges executory sale agreements ceased to be recognized by law as unconditionally binding on the sellers (and buyers) and the subsequent refusal by sellers to definitively convey the property to the buyer would not make them liable to legal action at the instance of the buyers. To compensate for this insufficiency since then buyers and sellers have restyled قولنامه as فروشنامة قطعي and بيعنامة شرعي قطعي which has since been the heading on printed forms in Persian the terms بيعنامه and فروشنامه practically making the instrument equally binding on both buyer and seller and rendering it valid for legal action upon breach of the agreement by either side and at the instance of the other. In his ‘Law Dictionary’ Henry Campbell Black says “An executory sale is one which has been definitely agreed on as to terms and conditions, but which has not yet been carried into full effect in respect to some of its terms and details, as where it remains to determine the price, quantity, or identity of the thing sold, or to pay installments of purchase-money, or to effect a delivery.” The English equivalent for قولنامه with which this entry begins has adequately modified the conventional attributes of the English ‘executory sale’ to compensate for certain differences between Persian and English. Other near-equivalents in English for قولنامه are : 1. contract for sale (‘deposit’ [is] money paid as earnest or security for the performance of a contract, eg, the money paid by the purchaser on signature of a contract for sale – JBS( 2. contract of sale (‘earnest’ [is] the evidence of a contract of sale; money paid as part of a larger sum, or goods delivered as part of a larger quantity; or anything given as security to bind a bargain – JBS( 3. letter of offer and acceptance (for a commutative contract) 4. preliminary agreement for a commutative contract 5. notice of intent involving a commutative contract 6. written promise concerning a commutative contract 7. naked contract (ie one devoid of consideration or earnest money, and therefore invalid) 8. letter of commitment concerning a commutative contract 9. agreement to sell (if ownership is to pass at a future time the contract is called an agreement to sell( 10. letter of intent concerning a commutative contract 11. binder : in property law, a document in which the buyer and the seller of real property declare their common intention to bring about a transfer of ownership, in English usually and in Persian always, accompanied by the buyer’s initial payment

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