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THE CIVIL CODE OF THE ISLAMIC REPUBLIC OF IRAN- Part 01

  1/2/2014

Preamble
On the publication
Effects and Execution
of Laws in General


Article I - The Islamic Consultative Assembly’s enactments and the results of the referendum, having gone through legal procedures will be notified to the president of the Republic. The President shall within five days sign them and notify them to executors,and issue instruction to have them published, and the Official Gazette shall be required to publish them within 72 hours after notification thereof.
Note: In case of the President’s refusal to sign or notify an enactment within the time period referred to in this Article, the Official Gazette shall be required to publish it within 72 hours on the order of the Chairman of the Islamic Consultative Assembly.

Article 2 - The legislative enactments come into force throughout (lie country fifteen days after their publication, unless a specific arrangement has been prescribed in the given legislation itself to the timing of its enforcement 

Article 3 - The text of laws must be published in the Official Gazette 

Article 4 - A law shall be effective only as from the date of its coming into force, and shall not be retrospective unless special provisions to this effect have been laid down in its text

Article 5 - All inhabitants of Iran, whether of Iranian or of foreign nationality, shall he subject to the laws of Iran except in cases which the law has excepted.

Article 6 - The laws relating to personal status, such as marriage, divorce, capacity and inheritance, shall he observed by all Iranian subjects, even if resident abroad.

Article 7 - Foreign nationals resident territory shall within the limits laid down by treaties, be bound by the laws and decrees of the Government to which they are subject in questions relating to their personal status and capacity. and similarly in questions relating to rights of inheritance 

Article 8 - Immovable property, of which foreign nationals have taken possession or shall take possession under the terms treaties, shall in every respect come within the scope of the laws of Iran.

Article 9 - Treaty stipulations which have been, in accordance with the Constitutional Law, concluded between the Iranian Government and other government, shall have the force of law.

Article 10 - Private contracts shall be binding on those who have signed them, providing they are not contrary to the explicit Provisions of a law.

Volume 1 - Concerning Property
Book 1 - General Provisions Concerning Ownership
Chapter 1


In Definition of The Various kinds of Property
Article 11 - Property is of two kinds, movable and immovable.

Section 1
Concerning Immovable Property


Article 12 - Immovable property is that which cannot be transported from place to place either because it is the nature of the thing to be fixed in one place or because, as the result of human action, the damage or injury either to the property itself or its emplacement.

Article 13 - Land and buildings and mills and everything which is fixed in a building and is by common use considered apart of it are immovable, and similarly pipes which have been laid under the ground or in a building for carrying water or for other purposes are to be accounted immovable.

Article 14 - Mirrors, Painted curtains, statues and similar objects, in so far as they are attached to the ground or to a building in such a way that their removal would cause injury or damage to their emplacements, are considered immovable.

Article 15 - Fruits and crops shall be deemed immovable that they have not been picked or reaped, and if a portion shall have been picked or reaped , only that portion shall be accounted movable.

Article 16 - In general, trees and branches thereof, young plants and cuttings, as long as they have not been cut or dug, be considered immovable 

Article 17 - Animals and the equipment which the owner shall have provided specifically for cultivation such as oxen, buffaloes, machines, implements and appurtenances of husbandry, seeds etc and in general all movable goods which are necessary for the prosecution of farming operations and have been devoted by the owner exclusively to this purpose shall, for purposes of competency of courts and of attachment of property, be considered as forming part of the landed property and shall be treated as immovable property, as also shall pumps, oxen and other animals, appropriated for the irrigation of fields, houses and gardens.

Article 18 - Rights benefits from immovable objects such as a life interest, the right of residence and similarly the rights of easements over the land of another. Such as the rights of passages and of transit of water and the claims related to immovable property such as demands for eviction and similar applications, shall follow the rules concerning immovable property.






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