The transaction with the right of restitution and the condition of maintaining ownership in Iranian law and English law

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fathi Akbar; darvishi Bahram; Abedi Mohammad taqi

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Journal Paper

Paper Information

Journal: INTERNATIONAL LEGAL RESEARCH Year:2022 | Volume:15 | Issue:55 Page(s): 537-555

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Title

The transaction with the right of restitution and the condition of maintaining ownership in Iranian law and English law

Author(s)

fathi Akbar | darvishi Bahram | Abedi Mohammad taqi

Keywords

right of restitution

property retention condition

conditional sale

Abstract

Field and Aims: The transaction with the right of restitution and the condition of retaining ownership is one of the controversial issues in Iranian law. In English law, the condition of retention of ownership is explicitly stated in the law, and according to the said condition, the transfer of ownership is not transferred to the buyer until the condition is fulfilled. But in Iranian law, this issue remains silent. In this article, an attempt has been made to examine the transaction with the right of restitution and the condition of maintaining ownership in Iranian law and British law. Method: The present article is descriptive and analytical and the library method was used. Finding and Conclusion: In Iranian law, it is not possible to sell a condition regarding registered immovable property and real estate, and if such a sale takes place regarding this property, the legislator assumes it as a transaction with the right of restitution. In Iranian law, the term "transaction with the right of restitution" subject to Article 33 of the Real Estate Registration Law is not limited to sales and refers to real estate. In English law, mortgage in the form of a mortgage contract is crystallized in two ways, legal mortgage and compulsory mortgage, while in Iranian law, such arrangements were not achieved by extracting the provisions of the collateral contract in the set of numerous and scattered laws. Regarding the security right, with a comprehensive approach, it is necessary to accept the certification of all material and immaterial property, which requires the creation of different contracts from the civil law mortgage contract. Of course, the establishment of the trading institution with the right to return the registration law is considered a positive step in this field.

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APA: Copy

fathi, Akbar, darvishi, Bahram, & Abedi, Mohammad taqi. (2022). The transaction with the right of restitution and the condition of maintaining ownership in Iranian law and English law. INTERNATIONAL LEGAL RESEARCH, 15(55 ), 537-555. SID. https://sid.ir/paper/1061965/en

Vancouver: Copy

fathi Akbar, darvishi Bahram, Abedi Mohammad taqi. The transaction with the right of restitution and the condition of maintaining ownership in Iranian law and English law. INTERNATIONAL LEGAL RESEARCH[Internet]. 2022;15(55 ):537-555. Available from: https://sid.ir/paper/1061965/en

IEEE: Copy

Akbar fathi, Bahram darvishi, and Mohammad taqi Abedi, “The transaction with the right of restitution and the condition of maintaining ownership in Iranian law and English law,” INTERNATIONAL LEGAL RESEARCH, vol. 15, no. 55 , pp. 537–555, 2022, [Online]. Available: https://sid.ir/paper/1061965/en

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