Legal Survey on Capability of Privatization of Public Domain (Comparative Study of Iran and France)

Due to ineffectiveness of state owned enterprises, privatization is considered as a proper economic policy of many countries. No doubt for a successful privatization, along with the economic aspects, understanding the legal aspects of privatization is important. One of the issues, is capability of privatization of public domain. Public domain is inalienable. Now the question is whether or not state can transfer public domain to private sector? Therefore, this article is based on comparative-analytical method and aims to answer this question on the basis of library study and analysis of Iranian law and French legal system. The most important result of this article is that although in the Constitution, the scope of public domain is large but the state can transfer this property by law (act of parliament). For investigation of capability of privatization of public domain is need to recognize this property, this article is presented in two parts: In the first part is determined public domain and it's distinction from private domain of state and in the second part investigated capability of privatization of this property by comparative study of French law and in the end, the outcome of the research is presented in a few paragraphs