Examining the rule of ownership stability in foreign investment

Document Type : Original Article

Authors

1 PhD Student in Private Law, Semnan Branch, Islamic Azad University, Semnan, Iran

2 Department of Jurisprudence and Fundamentals of Islamic Law, Semnan Branch, Islamic Azad University, Semnan, Iran

3 Assistant Professor, Department of Private Law, Damghan Branch, Islamic Azad University, Damghan, Iran.

10.30510/psi.2022.301230.2182

Abstract

Property stability has been recognized by important legal systems, however (expropriation), (nationalization), (confiscation of property) are among the exceptions to property consolidation that are the source of the dispute. Apparent conflict of interest of foreign investor And the host government, in terms of compliance with the rule of property stability, pits the two interests of protecting foreign investment and safeguarding national interests. In the present study, appropriate models and solutions to solve possible problems in the field of property stability rule in foreign investment are presented and the main question is what is the property stability rule and how is its basis explained? results show; The rule of ownership stability in attracting foreign investment is very important and considered to the extent that investment security and serious attention to attracting it from abroad will advance the country's industrial projects and increase the reliability of development infrastructure and therefore economic. And it will save the country from various future economic crises in the world, of which poverty and unemployment are the most important indicators in underdeveloped countries. Just as every legal rule has its violations, the rule of property stability is an exception, and in fact it is the determination of the limits of property rights in a way that proves and enforces it that addresses the issue of property stability.

Keywords