The Status of Owner’s Legal Actions in the Time of Instability in Ownership in Iranian Law and Islamic Jurisprudence

Ebrahim Shoarian, Hojjat Ebadzadeh
Judgment Quarterly, Volume 16, Issue 88, Winter2017, Page 1-26.


In Instable Ownership such as the ownership of customer in property in "Shofa" Right and the ownership of wife to the "Mahr" because of existence of third parties rights in the property, there is often the possibility of breaking up the owners relationship to the property regardless to the owners will. If the owner of this property in the period of instability of ownership, regardless to the third parties rights in the property, do the legal actions in property such as the transferring of property, there owner, contracting party and the beneficiary third party of instable ownership would be directly affected by these actions. The studies indicate that generally, such actions are valid, but in some cases the actions against the beneficiary parties of instability, are not enforceable and they could so apply their rights to the same property regardless of the actions done. However, in relationship of owner and contracting party there are no reasons for being invalid or nullity of such acts. Because of not allocating the independent research on the instable ownership in Iranian legal system and Islamic jurisprudence, therefore this article tries, by studying the diverse juridical aspects and legal doctrines, to study the legal status of mentioned acts in the time of instability in ownership, and to extract the general rule by using of induction.

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