Theoretical challenges of sale of rights: A reflection on the possibility of right as consideration in sale

Nowadays financial rights such as goodwill and patent together with tangible properties and profits constitute a significant portion of assets and possibility of their transfer and exchange is demanded by the capital market. Undoubtedly، sale is an assumptive and most common tool for transferring properties among people. But، can we use this tool for transferring financial rights? Most jurists، with the argument that sale is appropriation of a tangible property against a consideration، believe that sale is just a tool for transferring tangible properties and hold that sale may not be used for transferring financial rights. Some of them، arguing that rights may not be held properties، even believe that financial rights cannot amount to consideration in sale. However، most contemporary jurists hold these arguments insufficient and believe that financial rights or waiving them can be held consideration in a sale. Even a few jurists such as late Imam Khomeini hold that right can be sold. It seems that in contemporary Iranian law right or its waiver can amount to consideration in a transaction and sale of rights is permitted.