A Comparative Study of the Doctrine of Res Nullius in French and Iranian Law

Articles in Press

Type : Research Article

Authors

1 Associate Professor, Department of Private and Islamic Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran.

2 PhD Student in Private Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran.

Abstract

‌Context & Objective: The concept of a right without an owner (Res Nullius) presents a unique legal relationship that, unlike typical property rights, is not tied to a specific holder. Traditional civil rights focus on person-centered entitlements, making rights without owners a less familiar and underexplored category. This article addresses the need to shift from individual-centered property law to an objective, property-focused understanding of such rights. It aims to explore the nature and legal recognition of Res Nullius within the context of French and Iranian law. The primary research question investigates how these rights are defined, recognized, and managed in the two legal systems, and what implications this has for property law theory and practice.
Method & Approach: The study adopts a doctrinal and comparative legal methodology. It mainly analyzes French law, which has established frameworks such as the saisine institution, tontine contracts, and easements that exemplify ownerless rights. These are then compared with Iranian law, which, though lacking a specific definition of Res Nullius, contains analogous concepts rooted in the Iranian Civil Code and Islamic legal traditions. Through this comparative lens, the article seeks to clarify the foundations and instances of ownerless rights.
Findings: The analysis reveals that French legal sources have developed necessary legal tools to recognize and regulate rights without owners, including temporary or permanent ownerless rights. Iranian law, despite the absence of explicit definitions, incorporates similar principles within its civil and Islamic law frameworks. This comparison highlights the complexity and diversity in conceptualizing Res Nullius and demonstrates that precise identification and legal treatment of these rights can enhance public property governance and refine the relations of ownership and obligations.
Conclusion: The article concludes that properly defining and understanding the doctrine of rights without owners is crucial for improving legal management of public property and ownership frameworks. It emphasizes the importance of integrating ownerless rights into legal theory and practice, which can foster more effective regulation and open pathways for innovative legal analysis within both French and Iranian contexts.

Keywords

Main Subjects

Journal of Islamic Law Research

Articles in Press, Accepted
Available Online from 17 May 2025

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‌ Timeline

  • Received: 08 February 2025
  • Accepted: 25 April 2025

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