نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار حقوق خصوصی، دانشگاه سمنان، سمنان، ایران (نویسنده مسئول)
2 دانشیار حقوق خصوصی، دانشگاه تهران (پردیس فارابی)، قم، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Being “movable or immovable” is a common issue in property law and civil procedure, and their identification and distinction leads to different rulings. This division does not have a major importance and a clear precedent in jurisprudence and is adapted from French law, and regarding some of its instances (especially regarding rights and claims), there have been ambiguities in this country that are also observed in Iranian law. Although judicial practice tends to consider everything related to immovable as immovable; however, given the limited scope and exceptional nature of immovable property and rights and the principle of jurisdiction of the court of the defendant’s residence, this criterion lacks scientific justification in Iranian law and cannot be a decisive criterion.Conversely, the criterion of dividing rights into “objective and subjective” that is favored by French doctrine and some authors will not be absolute and without exception in this regard. Therefore, paying attention to the concept of right and its subjects in the jurisprudential system seems to be a more acceptable criterion in separating and demarcating movable and immovable rights and claims. By adhering to this logic, whenever the direct subject of the obligation is an act of obligated party or a legal act, the right and claim are considered movable, and conversely, if the direct subject of the obligation concerns immovable property, the right and claim will also be immovable.
کلیدواژهها [English]
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