Separation of Competence of public-law persons in legal system of Iran

Public-law persons possess legal personality and according to the law, they are responsible for several public affairs. One of benefits of possessing legal personality, is having capacity and competence and being expected rights and obligations. For natural persons, the competence of possession of rights is called the “capacity to acquire rights” and the competence of exercise of rights and duties is called “capacity to exercise rights”. In view of the fact that public-law persons possess legal personality, is the competence of these institutions capable to be distinguished to the acquire rights and exercise rights, the same as the case of natural persons? Once the public institutions are created, they get legal personality. The creation of these institutions is just allowed by law. But another question that can be proposed, is that when do these institutions valid? Since ratification of institution act or after ratification of statute? Is ratification of statute one of the steps of this creation? In this essay, along with proposing some perspectives about this moot point— by referring to statutes and some institution acts of public institutions and by using descriptive and analytical methods, it is deduced that the institution acts of organisations and public institutions, sometimes are necessary and sufficient conditions for creation of these institutions and sometimes are only necessary conditions for creation, not sufficient. The competence of public institutions to acquire rights is bound to creation time and validity of their legal personality and the competence of these institutions is bound to providing will enforcement conditions along their competence. This competence is tied with authorities’ time set, in terms of law or statute approval.