Upon the dissolution of a sale contract, the legal relationship between the parties does not terminate entirely; rather, dissolution initiates a process whereby new rights and obligations arise within the parties’ legal relationship, fundamentally and substantively distinct from those existing prior to dissolution. Where the subject matter (mabi’) and the price (thaman) have been delivered, the seller is obligated, following dissolution, to fulfill certain obligations including the restitution of the price to the buyer, while the buyer is correspondingly obligated to return the subject matter acquired pursuant to the sale.



Accordingly, this research examines the legal status of the buyer’s possession (yad) of the subject matter following the dissolution of sale, employing an analytical-descriptive methodology. The findings indicate that the buyer’s possession of the subject matter assumes the character of a trust (amanat). However, should the buyer, subsequent to the dissolution of sale and the owner’s demand, refuse to return the property or deny its existence, the buyer shall be deemed a usurper (ghasib) and shall bear liability for any loss or defect that befalls the property. Furthermore, in the event of loss or defect of the subject matter prior to the owner’s demand, the trust is characterized as proprietary (amanat-e malekaneh), and pursuant to Article 614 of the Civil Code, the buyer shall not be held liable unless negligence (tafreet) or transgression (ta’addi) is established.



Moreover, should the buyer, following the conclusion of the sale contract, transfer all or part of the subject matter to a third party, the dissolution of sale shall not extinguish the rights of such third party, and the buyer shall be obligated to provide the owner with a substitute, namely the equivalent (mithl) or the value (qimat) of the property.