Legal and judicial protection mechanisms against private property for foreign direct investment

Akbari Araei, Mansour; Nikhkah, Reza; Ghoreishi, Seyyed Mahdi

doi:10.30497/law.2020.238804.2837

Legal and judicial protection mechanisms against private property for foreign direct investment

Type : Research Article

Authors

Mansour Akbari Araei ¹

Reza Nikhkah ²

Seyyed Mahdi Ghoreishi ³

¹ PhD. student of Private Law, University of Urmia, Urmia, Iran.

² Assistant Professor of Islamic Law and Jurisprudence, Faculty of Literature, University of Urmia, Urmia, Iran.

³ Assistant Professor of Islamic Law and Jurisprudence, Faculty of Literature, University of Urmia, Urmia, Iran,

10.30497/law.2020.238804.2837

Abstract

The present study is aimed at answering this question despite the fact that guaranteed private ownership has many effects and benefits on foreign investment and it leads to production and economic prosperity but it requires to provide legal and judicial protection mechanisms for this right. The legislature, in the law of encourage and support foreign investment, it makes foreign direct investment possible in areas where private sector activity is allowed, however, the rules and regulations of legal and judicial protection of private property in the country do not comply with investment rules and standards. However, changes have been made in the law of encourage and protect foreign investment and identified protections for investor property rights but this law failed to provide a proper legal and judicial framework providing the right environment requires protection of private property in other national laws, especially the constitution law in a way that leads to the efficiency of this right and is dynamic and attractive for the investor.

Keywords

Investment

Private Property

Support

Economy

Development