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The Civil Code Of The Islamic Republic Of IRAN- Part 03

  3/30/2018

CHAPTER 2

CONCERNING THE VARIOUS RIGHTS WHICH ACCRUE To PERSONS FROM THE POSSESSION OF PROPERTY

Article 29 - It is possible for people to derive the following rights from property:
1- The right of possession (whether of the substance of the thing of its benefits).
2- The right of exploitation.
3- Rights of easement in the property of another.

Section 1
Concerning Ownership

Article 30 - Every owner has unlimited rights of Occupation and exploitation over his property in matters in which the law has made an exception

Article 31 - No property can be alienated from the possession its owner except in accordance with a legal order.

Article 32 - All products and appurtenances of the property whether movable or immovable produced naturally or as the result of exploitation are the property of the owner.

Article 33 - Products and crops which have come out of the ground are the property of the owner of the land, whether their growth is natural or the result of the owner’s operations, unless the product or crop has sprung from the roots or seeds of another party.
if this is the case the trees or crops shall be the property of the owner of the roots or seeds, even if they have been sown without the approval of the owner of the land

Article 34- The progeny of animals shall be of the same owner ship the mother, and whoever is the owner of the mother shall he considered the owner of the offspring.

Article 35 - Possession by title of ownership shall be taken as proof of ownership unless the contrary proved.

Article 37 - if the present occupier admits that the property formerly belonged to the claimant, he can not urge, in refutation of the other’s claim, his own occupation of the property, unless he can prove that the property has been transferred to him according to the correct procedure

Article 38 - The ownership of ground carries with it the owner ship of the air immediately above it up to any height, and the same applies to the area under the ground; in brief, the owner has unlimited rights of possession in the air and the ground, unless the law shall have made provisions to the contrary.

Article 39 - All buildings and trees above the ground and all buildings and excavations beneath the ground shall be considered the property of the owner of the ground unless the contrary be proved.

Section 2
Concerning the Right of Exploitation

Article 40 - The right of exploitation comprises the right by which a person may derive profit from property which either belongs in proprietary right to someone else or has no special owner.

Subsection 1
Concerning Life - Rights for a Prescribed Period and Rights of Occupation

Article 41- A Life - Right is a right of exploitation which has been established by means of a contract entered into by the owner in favour of someone, either for his own lifetime or for the lifetime of the user or for that of a third party.

Article 42- Aright for a prescribed period is a right of exploitation which the owner grants for a limited time.

Article 43 - If the right of exploitation includes the right of occupying a habitation, it is termed residential or the right of habitation and it is permissible for this right to be assigned as life - right or as a right for a limited period

Article 44 - In cases where the owner has not prescribed a time - limit for the right of exploitation, the surrender is absolute, and the said right shall run until the death of the owner unless he revokes the surrender before his death.

Article 45 - in the above mentioned cases it is only permissible for the right of exploitation to be granted to a person or persons who were alive at the time of creation of the said right , but it is also possible for the right of exploitation to follow on in succession for persons who were not alive at the time of the conclusion of the contract, and as long as the owners of the right of exploitation are alive it shall be valid; and after their decease it shall lapse.

Article 46 - It is only possible for a right of exploitation to be granted in respect of property which is such that it can be used without affecting its own existence, whether the said property is movable, immovable held in undivided shares or divided up.

Article 47 - In the case of surrendered property, whether held as a life - right or not, taking delivery is the legal requirement for ma king the transaction valid.

Article 48 - The user must not misuse the property to which the right of exploitation applies and, being in custody of it, must not allow excessive use or negligence 

Article 49- The expenses necessary for the upkeep of the property which is subject to the right of exploitation is not an obligation on the user, unless a provision to the contrary has been agreed upon.

Article 50 - If the property which is subject to the right of exploitation becomes dissipated for any reason other than excessive use or negligence on part of the user , the latter shall not be held responsible

Article 51 - In the following cases the right of exploitation lapses:
1- In the event of the time - limit expiring.
2 - In the event of the property which is the object of the right of ex being destroyed.

Article 52 - In the following cases the user is a guarantor for the losses of the owner
1- In the event of the owner misusing the property which is the object of the right of exploitation.
2 - In the event of his not observing the conditions laid down by the owner and of such non - observance being the cause of damage to the object of the right.

Article 53 - The transfer of the substance of the property by the owner to another party shall not nullify the right of exploitation, but if the person to whom the property is transferred does not know that the right of exploitation has been granted to another party he shall have the option of dissolving the contract.

Article 54 - The rest of the circumstances concerning the exploitation of the property of another shall be as laid down by the owner or demanded by custom and usage.






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