Dealing with the Right of Extradition in Iranian Law and the Common Law Legal System (England and US)

The construct of conditional sale (CS) was included in Articles 458 to 463 of the Civil Code of Iran at the time of its enactment. The enactment of Article 33 and subsequent articles of the Registration Code of Iran, replaced it with the “transaction with the right of restitution (TWRR)” construct which removed its ownership effects and practically obsoleted it. The research question of this study was, “Since the ownership effects of the CS were removed in the TWRR, does CS in common law have ownership effect?” This was a descriptive-analytical research aimed to answer the latter part of that question using comparative analysis. The results indicated that TWRR, also known as the conditional transaction, is similar to the construct of mortgage in common law before the removal of its ownership effects.