The Need for Commercial Consideration of Immoveable Trades

The non-commercial consideration of immovable trades in our business law has its roots in old French business law. In 1932, our legislator predicted such legislation in Article 4 of business law following French 1807 business law. The existence of such legislation in old French law goes back to traditional rules in its society along with its economic and political status. Thus, in 1967 French legislator removed such law and has not been distinguishing between movable and immovable properties ever since. Today in France, movable property trades are considered commercial if they are not intended for real estate business while there is an absolute opposite rule in our law. The adoption of such rule in our law, especially at present time, lacks any economic, social, and legal reasoning.. In this paper, in addition to study French law, our legislation of such rule (Iranian law) is criticized while both supporting and opposing views are considered