The Right of Foreign Citizens to Possess Property in Iran by Looking at the Turkish Legal System

Document Type : Research Paper

Authors

1 Assistant Professor at International Law, Member of International Law Department at Qom University, Qom,Iran.

2 Ph.D. Student at Private Law at the Islamic Azad University, Arak Branch, Arak,Iran.

Abstract

One of the instances of private law is the right to possess property. In the context of possession of movable and immovable properties by foreigners, currently most countries have recognized this right. . In Iran, the most important limitation for foreigners is the right to possess immovable property. However, this right may be granted to foreigners under certain circumstances. In accordance with Article 8 of the Iranian Civil Code, if a treaty exists between Iran and the country of nationality of the foreigner, and if the foreign country is committed to reciprocal action, a citizen of a foreign country can be permitted to possess property in Iran. . In contrast, by eliminating restrictions such as reciprocal action as a  basis for the acquisition of immovable property, Turkey has paved the way for foreigners to purchase property and land. This is because the relevant authority in Turkey are of the view that this approach will lead to the growth of the economy of the country and the attraction of capital to their country. It clear that globalization along with Turkey's attempt to join the European Union has had an effect on the aspirations of the foreigners to purchase property in this country. So, it can be said that the membership of the European Union is linked to the sale of immovable property to foreigners. As for movable property, such as the acquisition of shares and investments, Turkey has imposed less stringent conditions compared to Iran, and this is due to foreign capital seeking to improve the economy of Turkey, which to date has been successful.

Keywords

Main Subjects

References

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Rules

  1. Circular No. 37097/10 dated 11/25/79, the headquarters of the notaries and officers of Tehran (approved by the organization of registration of documents and real estate of the country in accordance with document 10687 / 34-28 / 10/79 of the Office of Documents and Translators) at the registration site Address: http://www.ssaa.ir/SubjectView/tabid/73/Code/447/Default.aspx
  2. Law on foreign movable property approved by Parliament on 16/3/1310.
  3. Paragraph 417 of the set of circulars by the end of the year 49 at the registration office at: Http://www.ssaa.ir/SubjectView/tabid/73/Code/447/Default.aspx
  4. Regulations on the Participation of Foreign Persons in the Capital of Banks, approved by the Council of Money and Credit of 25.5 / 90.
  5. The Foreign Investments Regulations in Exchanges and Exchanges Marked by the Cabinet of Ministers on 29/1/89.
  6. The Foreigners' Acquisition Act approved by the Cabinet of Ministers on 5/9/27 and the passage of the Citizenship Act approved by the Cabinet of Ministers on 13/7/1342.
  7. The Law on the Encouragement and Protection of Foreign Investments approved by the Islamic Consultative Assembly on 19/12/1380.
  8. The Regulations on the Promotion and Protection of Foreign Investment Act of 24/6/81 of the Cabinet of Ministers.
Comparative Law Review
Volume 8, Issue 2
Autumn & Winter
October 2018
Pages 521-544

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