The law governing the contract for the transfer of certain property in Iranian and England law

Document Type : Original Article

Authors

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

2 Department of Private Law, Maymeh Branch, Islamic Azad University, Isfahan, Iran

Abstract

The subject of this article is the clarification of the law governing the contract of transfer of certain property in English and Iranian law. While in English Law, movable and immovable property is subject to address of landed property in terms of acquisition of ownership and in terms of contracts, they are subject to the law governing the determination, in Iran immovable property is subject to address of landed property in terms of acquisition of property and movable property is subject to venue of the contract. However, dislocation cannot destroy their acquired rights, and in terms of contracts, the law of venue of contract is the same as the law governing the contracts. Therefore, foreign nationals can freely apply the rule of law. Due to the development of world trade, none of the regulations of the venue of contract of the venue of implementation of the contract and residence act of the parties can replace the principle of determination. Followers of the principle of the rule of determination believe that the determination has a wide sovereignty in the formation the contract; and it is valid in all legal relations, even if it is not in the form of a contract.

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