Property Law of Iran - An analytical and critical study of property law in the context of privatization

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Chapter 1- Introduction

A brief overview of the property law of Iran and its Taxonomy

Laws related to rights and obligations differ significantly for every country. However, considerable similarity exists in the basics of formation of law. Law of property in Iran requires examination of the fundamental concepts of property and taxonomy of obligations. It is necessary to examine how these laws impact the ownership of a person in a different context.

Laws related to ownership of property implies significant conceptual inter-linkages between articles that are applied concepts of property under commercial contract, sale of property, human rights law, and legal theory. Laws related to the property cannot be isolated similarly for all objects. Iranian Civil Code presents the laws on property and ownership. However, inappropriate provisions in the legal system discern the impact of modalities; limitations and flaws that hinder the development of property law needs to assessed for making a clear distinction between public property, private property, and government property. Exercise of ownership rights is different for each type of property. Therefore, it is necessary to understand the dispersion in different Acts such as the Urban Law, the Registration Law, the Law for protection, and Law of Property under Family Act.

Thesis Statement

Fundamental concepts of property and taxonomy of property law is categorized in distinct dimensions. This study aims at exploring the branches of property law of Iran. How does classification of property based on its nature, transferability, influence the rights that members of a family can exercise under Iranian Civil Code?

Classification of Property in the Iranian Civil Code

The Iranian Civil Code categorizes property into 5 groups comprising

Moveable and immoveable property (Article 11)

Property that is capable of private ownership (Article 23). Property of unknown ownership shall be the needs of the poor, subject to the judge's permission (Article 46).

Substance of property and benefits (Articles 31, 55, 338);

Replaceable (Misli) property and Price able (Qaimi) property (Article 950)

Property where using it retains the original thing intact and property where the use thereof leads to the loss or destruction of the original item (Articles 46 and 64).

Considering different types of properties mentioned above, one can perceive that properties can be broadly classified according to two factors:

Classification of property based on the nature of thing that is owned

Classification property according to the nature of the ...