A Comparative Analysis of the Concept, Causes of Creation and Transfer and Extinguishment of "Ownership" and "Right" in Iranian and French Law

Ownership and right are among the most important legal effects of juridical acts and facts and different legal systems have different viewpoints on them. Relationship between the ownership and right is a disputable issue among lawyers and jurists. Analysis of the concept and nature of the ownership and right can help prevent mixing up these concepts and their legal effects. In this research, we have discussed the concept and causes of transfer and extinguishment of ownership and right in Iranian and French law. The results of this research show that in Iranian law, ownership and right are quite independently of one another and none of them is wholly covered by the other. Moreover, ownership is a contractual relationship between the owner and the owned object and its subject is not necessary to be in the outside world. Subject of the ownership can be a visible object (both specified and unspecified objects) or a type of benefit. Right is a special ability that its subject is an act. In French law, ownership is a type of right. Right is a legal relationship, through which the owner gains authority on the owned object as a proprietor or beneficiary. In Iranian law, the creation of ownership is possible through juridical acts, whereas the creation of right is possible through both juridical acts and facts. The transfer and extinguishment of the ownership and right are also done through juridical acts and facts. Similarly, in French law, all the creation, transfer and the extinguishment of right are done through both juridical acts and facts.