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The lease and the transfer of ownership of the asset or the property should be recorded in separate documents. [128] The agreement to transfer of ownership should not be a pre-condition to the signing of the leasing contract. [128] The "promise" to transfer the ownership should be unilateral and should be binding only on the lessor. [128]
The lease and the transfer of ownership of the asset or the property should be recorded in separate documents. [14] The agreement to transfer of ownership should not be a pre-condition to the signing of the leasing contract. [14] The “promise” to transfer the ownership should be unilateral and should be binding only on the lessor. [14]
Both involve two contracts – a lease and a transfer of ownership of the asset or the property – that should be recorded in separate documents. [321] The two modes differ in that in Ijarah wa-iqtina (or ijara muntahia bittamleek) sale/ownership transfer is "an option given to the lessee" and cannot be a precondition. [321]
Trade involves the transfer of goods and services from one person or entity to another, often in exchange for money. Economists refer to a system or network that allows trade as a market . Traders generally negotiate through a medium of credit or exchange, such as money.
Ownership is the basis for many other concepts that form the foundations of ancient and modern societies such as money, trade, debt, bankruptcy, the criminality of theft, and private vs. public property. Ownership is the key building block in the development of the capitalist socio-economic system. [1]
According to Section 6 of the Transfer of Property Act, the property of any kind may be transferred. The person insisting non-transferability must prove the existence of some law or custom which restricts the right of transfer. Unless there is some legal restriction preventing the transfer, the owner of the property may transfer it.
If the terms of ownership of risk are not defined by the parties, then the ‘default’ law of Sale of Goods applies. [4] For example, for a specific good, the ownership is identifying when the good is in the delivery stage. Additionally, for unascertained goods, the ownership is passed until the good is identified and sent to the buyer.
A warehouse receipt is a document that provides proof of ownership of commodities (e.g., bars of copper) that are stored in a warehouse, vault, or depository for safekeeping. Warehouse receipts may be negotiable or non-negotiable.