Examining the Relation between an Unauthorized (Fuḍūlī) Contract and Transfer of another's Property

The relation between an authorized contract and transfer of another’s property is one of the subtle and, at the same time, important issues of civil law as well as criminal law, which has doubly increased the legislator’s silence, numerous contradictions in legal texts, bewilderment of intellects, and confusion in comprehension. There are various probabilities apt to come up concerning the relation between these two positions, such as divergence; equality; generality and peculiarity in some respect (min wajh), and absolute (muṭlaq) generality and peculiarity. Since the recognition and distinction of these two topics creates significant practical outcomes, as for instance in case of conviction of “transfer of another’s property” that would prompt punishment for fraud, and since there is no distinct criteria in statutory regulations and legal writings for making distinction between an authorized (fuḍūlī) contract and transfer of another’s property, it is tried in this article to clarify their similarities and differences so that it may inspire the legislator to provide personal criterion in law.