Journal of Islamic Law Research

Journal of Islamic Law Research

The Protection of good-faith acquirer in law of Iran and French

Type : Research Article

Authors
Abstract
The protection of a good-faith acquirer is a crucial point in every legal system, as the extent of such protection can have significant consequences for transaction stability and efficiency. Scrutinizing Iran’s codes demonstrates that there is no coherent approach toward the protection of acquirers. On the other hand, a comparative study of the issue shows that there is no general rule for protecting a good-faith acquirer; rather, the protection differs in each branch of law, depending on its specific rules and objectives. Therefore, the protection of a good-faith person in land law registration, considering the principles governing this domain, is different from that in civil law. Moreover, the governing principles of commercial and intellectual property law require different approaches to the protection of good-faith acquirers. This reality requires prudence in referring to civil law as the “mother law” on this issue, and to find the proper rule for protecting good-faith acquirers, the purposes and goals of each branch of private law must be considered.
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  • Received 11 April 2018
  • Revise 22 July 2018
  • Accepted 10 August 2018