Fatemeh Rakideh
trainee lawyer at the Iranian Central Bar Association
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sale or transfer of another person’s property under Iranian law

sale or transfer of another person’s property under Iranian law

The transfer of property is not considered when a person without legal ownership or authority, transfers property or benefits belonging to another with knowledge of this situation. The ownership, authority and knowledge of the persons must be proven separately in the case.

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sale or transfer of another person’s property under Iranian law

The transfer of property is not considered when a person without legal ownership or authority, transfers property or benefits belonging to another with knowledge of this situation. The ownership, authority and knowledge of the persons must be proven separately in the case.

Important aspects of this matter

Point 1

Title documents or documents showing the owner's right at the time of transfer

Point 2

Contract or document by which the alleged transfer was made

Point 3

Reasons for the transferor's knowledge of not having ownership or legal authority

Point 4

The status and level of knowledge of the transferee and his relationship to the subject of the transaction

Documents and evidence related to sale or transfer of another person’s property under Iranian law

Legal points and course of action

The sale of another person's property may in practice be accompanied by property disputes, ordinary or official documents and a claim for power of attorney or permission from the owner. The chain of ownership and the transferor's authority must first be clarified, and then the possible criminal conduct analyzed.

The amendment of Article 104 Islamic Penal Code of Iran («قانون مجازات اسلامی») in 1403 has changed the status of the transferability of fraud complaint under Iranian law and the transfer of property of another. In the actual case, the date of the conduct and the governing law should be carefully controlled.

Related topics

Frequently asked questions

Peer-to-peer transaction is a civil concept; for criminal liability for the transfer of property other than, elements and malice provided for by law must also be established.
The knowledge of the transferee is one of the important issues in the case and his liability is assessed separately according to the evidence and his level of knowledge.
The type of proof of ownership depends on the condition of the property. official or authentic instrument under Iranian law It is very important, but the file can also have other documents and evidence and the set of documents must be examined.

Methods of contact

Contact us for advice and follow-up of the case through the following ways