Civil Code of the Islamic Republic of Iran.
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The Civil Code of the Islamic Republic of Iran was promulgated in 1928 and was amended in 1982. The Code is divided into three parts: Title I on property, Title II on personal status of individuals, and Title III on the law of evidence. It is preceded by a Preamble dealing with the promulgation of law and such general principles as the non-retroactive nature of law, freedom and sovereignty of will, and the status of foreign subjects residing in Iran.
PROPERTY AND REAL RIGHTS. Part 1 contains provisions regulating property rights. Firstly it specifies the differents kinds of property (movable and immovable) and provides for the use of a property which has no private owner (arts. 28). Article 140 specifies the different means of acquiring ownership is acquired : a) by the rehabilitation of waste land and the annexation of the allowable properties (art. 141) ; b) by means of contracts and obligations (see art. 183) ; c) by acquisition in virtue of a right of pre-emption (art. 810); d) by inheritance (see art. 825). Article 29 stipulates that the owner has the right of possession (whether of the substance of the thing of its benefits), the right of exploitation and, in certain circumstances, rights of easement in the property of another. Articles 55-91 govern endowement. Concerning the enjoyment of rights open to everyone (Mubahat), article 92 stipulates that everyone may, in accordance with the laws and regulations applicable to each one of them, derive benefits from rights open to everyone (Mhahat). Articles 93-135 concern rights of easement relating to the property of another, as well as the rights and privileges in relation to adjacent property.
INHERITANCE. Articles 825-948 govern wills and inheritance. Wills are divided into two categories, possessory and contractual. On the other hand, relationship and connexion by marriage give rise to inheritance. See article 946: the husband takes inheritance from the whole of the effects of the wife; but the wife takes only from the following effects: a - From the movable property, of whatever kind; b - From building and trees.
OBLIGATIONS AND CONTRACTS. Articles 183-300 set out provisions governing contracts, transactions and obligations in general. Article 184 divides contracts and transactions into the following categories: 1) binding contracts; 2) revocable contracts; 3) optional contracts; 4) conditional or unconditional contracts.
CULTIVATED PLANTS. Article 33 stipulates that products and crops which have come out of the ground are the property of the owner of the land, whether their growth is natural or the result of the owner’s operations, unless the product or crop has sprung from the roots or seeds of another party. Special provisions apply to the «rehabilitation of waste land» (arts. 141-145), which is considered among the means of acquisition of property. Actions directed towards the reclamation of land are those which make waste and unclaimed land profitable by means of operations which are included by custom under the heading of cultivation, such as husbandry, tree planting, building, etc. To begin to cultivate land e.g . by arranging stones round a plot or by digging a well etc: is called leveling (Tahjir) and does not bring about ownership; but it creates for him who has performed the leveling, a prior right to carry out the cultivation (art. 142). Article 143 establishes that a person who cultivates with the intention of taking possession thereof, a part of a stretch of waste and unclaimed land, becomes the owner of that part. See also articles 144 and 145: the reclamation of the boundaries of a piece of land involves the ownership of the middle of it also; the cultivator must observe in every respect the other laws relating to this subject.
LIVESTOCK. The Code lays down detailed provisions regulating the ownership of animals (art. 34), including lost animals (see art. 170-172). See also article 181 on apiculture: if anyone prepares a hive or a place for bees, the bees and the honey shall be his property. Similarly, pigeons gathered in a pigeon tower belong to the owner of the tower.
WATER. The Civil Code of Iran contains several provisions on water resources. Specific rules are laid down as to borders of well, springs or "qanats" (water channels) (see arts. 137 and 138). The Chapter devoted to the "Annexation of Allowable Properties" (arts. 146-160) includes several provisions concerning the acquisition of ownership over water resources, under certain conditions. See for example article 149, which establishes that if a person digs a stream or a channel for the purpose of annexing unclaimed water, the unclaimed water which flows into this stream or channel belongs to the owner of the channel, and another stream cannot be opened from it, or land watered from it without the owner’s permission. Article 150 refers to the case of several persons that are partners in the digging of a channel or a well. Articles 155 and 156 concern irrigation.
WILD SPECIES AND ECOSYSTEMS. See articles 179 and 180 on game. Captured wild animals belong to the pursuer. The capture of tame animals and of other animals that bear marks of ownership does not confer ownership.
MINERAL RESOURCES AND MINING. According to article 161, a mine situated in somebody’s land belongs to the owner of the land, and the working of it will be subject to special laws.
PROPERTY AND REAL RIGHTS. Part 1 contains provisions regulating property rights. Firstly it specifies the differents kinds of property (movable and immovable) and provides for the use of a property which has no private owner (arts. 28). Article 140 specifies the different means of acquiring ownership is acquired : a) by the rehabilitation of waste land and the annexation of the allowable properties (art. 141) ; b) by means of contracts and obligations (see art. 183) ; c) by acquisition in virtue of a right of pre-emption (art. 810); d) by inheritance (see art. 825). Article 29 stipulates that the owner has the right of possession (whether of the substance of the thing of its benefits), the right of exploitation and, in certain circumstances, rights of easement in the property of another. Articles 55-91 govern endowement. Concerning the enjoyment of rights open to everyone (Mubahat), article 92 stipulates that everyone may, in accordance with the laws and regulations applicable to each one of them, derive benefits from rights open to everyone (Mhahat). Articles 93-135 concern rights of easement relating to the property of another, as well as the rights and privileges in relation to adjacent property.
INHERITANCE. Articles 825-948 govern wills and inheritance. Wills are divided into two categories, possessory and contractual. On the other hand, relationship and connexion by marriage give rise to inheritance. See article 946: the husband takes inheritance from the whole of the effects of the wife; but the wife takes only from the following effects: a - From the movable property, of whatever kind; b - From building and trees.
OBLIGATIONS AND CONTRACTS. Articles 183-300 set out provisions governing contracts, transactions and obligations in general. Article 184 divides contracts and transactions into the following categories: 1) binding contracts; 2) revocable contracts; 3) optional contracts; 4) conditional or unconditional contracts.
CULTIVATED PLANTS. Article 33 stipulates that products and crops which have come out of the ground are the property of the owner of the land, whether their growth is natural or the result of the owner’s operations, unless the product or crop has sprung from the roots or seeds of another party. Special provisions apply to the «rehabilitation of waste land» (arts. 141-145), which is considered among the means of acquisition of property. Actions directed towards the reclamation of land are those which make waste and unclaimed land profitable by means of operations which are included by custom under the heading of cultivation, such as husbandry, tree planting, building, etc. To begin to cultivate land e.g . by arranging stones round a plot or by digging a well etc: is called leveling (Tahjir) and does not bring about ownership; but it creates for him who has performed the leveling, a prior right to carry out the cultivation (art. 142). Article 143 establishes that a person who cultivates with the intention of taking possession thereof, a part of a stretch of waste and unclaimed land, becomes the owner of that part. See also articles 144 and 145: the reclamation of the boundaries of a piece of land involves the ownership of the middle of it also; the cultivator must observe in every respect the other laws relating to this subject.
LIVESTOCK. The Code lays down detailed provisions regulating the ownership of animals (art. 34), including lost animals (see art. 170-172). See also article 181 on apiculture: if anyone prepares a hive or a place for bees, the bees and the honey shall be his property. Similarly, pigeons gathered in a pigeon tower belong to the owner of the tower.
WATER. The Civil Code of Iran contains several provisions on water resources. Specific rules are laid down as to borders of well, springs or "qanats" (water channels) (see arts. 137 and 138). The Chapter devoted to the "Annexation of Allowable Properties" (arts. 146-160) includes several provisions concerning the acquisition of ownership over water resources, under certain conditions. See for example article 149, which establishes that if a person digs a stream or a channel for the purpose of annexing unclaimed water, the unclaimed water which flows into this stream or channel belongs to the owner of the channel, and another stream cannot be opened from it, or land watered from it without the owner’s permission. Article 150 refers to the case of several persons that are partners in the digging of a channel or a well. Articles 155 and 156 concern irrigation.
WILD SPECIES AND ECOSYSTEMS. See articles 179 and 180 on game. Captured wild animals belong to the pursuer. The capture of tame animals and of other animals that bear marks of ownership does not confer ownership.
MINERAL RESOURCES AND MINING. According to article 161, a mine situated in somebody’s land belongs to the owner of the land, and the working of it will be subject to special laws.
Attached files
Repealed
No
Source language
English
Legislation Amendment
No