Loss Of Sales After The Conclusion Of The Contract And Before Delivery Comparative Study

The loss of sales after the conclusion of sale and before delivery is one of the topics that have not received enough studies despite the fact that all civil comparative legislations have known it, including the Journal Provisions of the judicial and civil law of Jordan and Egyptian civil and French civil .This topic is considered as one of the topics that Islamic jurisprudence( Fiqh) has discussed. I have, in this research,(Loss of sales after the conclusion of the contract and before delivery) studied the viewpoints of comparative civil legislations regarding the loss of the thing sold and demonstrated how that is applied one some of the forms of the sale contract , using the comparative analytical approach to cover the various sides and aspects of the topic and its provisions. One of the viewpoints that the research discussed is the viewpoint of Journal of justice provisions which states that the seller is responsible for the loss of the thing sold by unstoppable force before delivery because according to the journal ,responsibility is tied to delivery whereas The French Civil Code, ties the responsibility with the transmission of property not delivery and so it shoulders the responsibility to the buyer. I also clarified the provisions of the loss in some types of sales such as the conditioned sale and the things boughr according to (Sawm Al Shira) and (Sawm Anathar) where the Journal of justice provisions makes the buyer shoulder the responsibility but the French Civil Code hasn’t studied this matter. I also showed the provisions of the loss of the item sold due to the actions of one of the parts of the contract or others where whosoever caused the loss shoulders the responsibility.