Transfer of State Buildings and Property: An Analysis of Article 83 of [the Iranian] Constitution

Under Article 83 of the Iranian Constitution, the transfer of governmental buildings and properties is subject to special conditions and regulations such as: the principle of non-transferability of government buildings and properties including national treasures as well as the absolute non-transferability of “unique national treasures”. It can be argued that the idea underpinning the said principles is linked to the cultural, economic, and moral values of Iran. As such, the rather stringent approach of the constitutional legislator in Article 83 seems reasonable. Nonetheless, lack of a clear definition of governmental buildings and structures, specially the so-called “unique national treasures”, puts the issue of transferring such buildings and structures in a vague frame and makes it quite challenging. The present study, by focusing on Article 83 of the Iranian Constitution, intends to explain the rules on transfer of government buildings and properties in the Iranian legal system.