Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

The Owner’s Right of Pursuit After the Termination of a Title-Transferring Contract in Imamiyyah Jurisprudence and Iranian Law

Document Type : research

Authors
1 Department of Jurisprudence and Fundamentals of Islamic Law, NT.C., Islamic Azad University, Tehran, Iran.
2 Department of Jurisprudence and Fundamentals of Islamic Law, CT.C., Islamic Azad University, Tehran, Iran.
3 Visiting Professor, Shahid Beheshti University, Tehran, Iran..
10.22034/ejs.2026.587427.2188
Abstract
Background and Objectives: The owner’s right of pursuit following the dissolution of a title-transferring contract is an important issue in Imami jurisprudence and Iranian law, particularly when the transferee has transferred the property to a third party before the dissolution of the contract. This study aims to clarify the jurisprudential and legal foundations of this right and examine its scope against subsequent transferees.

Methods: This qualitative research adopts a descriptive-analytical approach.

Ethical Considerations: Principles of academic integrity, honesty, and textual authenticity were observed.

Findings: The analysis of jurisprudential sources, statutory provisions, and judicial practice indicates that the dissolution of a title-transferring contract generally removes the legal basis of the transfer and restores the original owner’s rights. Accordingly, the owner may reclaim the property from subsequent possessors. The findings further show that this right enjoys a broader scope in relation to movable property, whereas, with respect to immovable property, the formal registration system and its legal effects may restrict its exercise. Moreover, protection of a bona fide third party under Iranian law is exceptional and limited to cases expressly recognized by law.

Conclusion: The right of pursuit is a consequence of legal protection of ownership; however, its scope varies according to the nature of the property and subsequent transfers. The novelty of this study lies in its integrated jurisprudential and legal analysis of this right in successive transactions and its examination of the impact of the formal registration system on limiting this right in immovable property.
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Articles in Press, Accepted Manuscript
Available Online from 17 August 2026