An Analysis of the Nature, Possibility and Structure of Consumer Property Sale in Iranian Jurisprudence and Law

Although the Civil Code deals with the sale of common property in only one article, in a concise form from which no general rule can be deduced, in the two laws of civil affairs and the division and sale of common property, the legislature preceded The revolution has explained the rules of the sale of common property in detail. On this basis, some believe that recent laws have removed the conciseness of civil law on the subject. The jurisprudence is of the same opinion and now assigns lawsuits related to the sale of communal property by those two laws. But the ambiguity started when the jurists of the Guardian Council, after consulting them, applied some articles of the law and the division and sale of common property and related regulations in the assumption that not all partners are satisfied with the division, is against the Sharia and Declared invalid. Controversy in that theory shows that the jurists of the Guardian Council, contrary to the judicial procedure and what is stated in those two laws, to legislate the sale of common property, do not consider it sufficient to justify the indivisibility of property, but in their opinion, In addition to the above condition, it is also necessary to establish the two elements of loss and refusal of the partners.