The Place of the Preservation of Ownership Requirement in the Laws of the Islamic Republic of Iran

In reciprocal contract such as a purchase, the transfer of the ownership to the customer is done by signing the contract or on some systems, by the surrender of the goods. The preservation of ownership requirement, which has different types, is a kind of guarantee to the seller based on the agreement of the parties in the contract – i.e. to preserve the ownership of the goods and not to transfer the ownership to the buyer until the full payment of the price to the seller is done, or until other obligations are done. With the payment of the price or fulfilling other agreement obligations, the ownership is transferred to the buyer. If the requirement is not fulfilled, the seller will remain as the owner and exactly the same commodity should be returned to him. There is a possibility of including the preservation of ownership requirement for the commodities used in the production of another commodity. In this paper, the main question is whether the preservation of ownership requirement has a place in Iranian laws. By the descriptive-analytical method, it is hypothesized that the inclusion of such a clause in Iranian law is correct if the preservation of ownership requirement is not contrary to the requirements of the purchase nature. The aim was to first study the preservation of ownership requirement, and then to identify the status of the said requirement in Iran's law, and to examine the relationship between it and similar legal concepts, as well as the possibility of accepting and including the said requirement in Iran's law. According to the findings of this study, there are similar identities for the preservation of ownership requirement in the Iranian laws, and although there are some common points between them and the said requirements in some ways, in other respects there are differences between existing concepts and the preservation of ownership requirement.