Unauthorized transaction is lagally defined as a transaction the subject of which is others’ property. The legislator may consider some of them as voided (625. c. c) while others are regarded impervasive yet capable of pervasive(247c. c)and the rest are regarded as being correct but ineffective concerning the goods of third person– 223. 231c. c. in a correct sale contract(with the goods belonging to a third person)the ownership of seller is not condition in civil code. however, the commitment of principal unauthorized seller(183. c. c. ) is to obtain the consent of the owner. The violation of the above-mentioned commitment leads to a daarak in correct sale contract (a halt in vesting possessory of the goods to customer as the good is belonging to a third person)this is a loss of customer for not taking possession of the sold goods yet. accordingly the Daarak is not defendable. The violated commitment must be fulfilled, that is: The consent of owner is obtained. (390. c. c. ) concept of Daarak is not defined. it seems that Daarak as defined above is created in a correct ineffective kind capaple of giving possession of the goods, not any other genre of unauthorized transactions. The refusal of owner makes the contract vitiated as a non-tetrogression process.

Globalization of law is an incontestable reality. It is a major concern, which can be justified not only from structural, conceptual and legal values perspectives, but also in terms of the legislative patterning realm. Laws of Islamic Nations cannot remain unaffected from this reality. The basis of viable regulation and legal conceptions in European systems, and generally in the West, has a humane rationality nature. Thus, from substantive perspective, globalization can be considered to be a kind of threat to laws of Islamic Nations, since in Islamic law, humane rationality is not the sole basis for the credibility of legal values, conceptions and structures. Here, it is assumed that globalization can be viewed as an opportunity, and the adoption of Unified Islamic Civil Code by following European Civil Code pattern may be regarded as an example of this opportunity. Nevertheless, the establishment of European Civil Code and an Islamic Civil Code encounters many challenges. By analysing these challenges, this article aims to present some solutions.

The Iranian civil code is a legal and cultural masterpiece which has an important role in Iranian law system. It is the result of the Compatibility between tradition and modernity. It has been based on the rule of the Islamic Jurisprudence or Islamic law which is known as Fiqh, and the modern legal system (French civil code). But these two important resources play different roles in the plan of the Iranian civil code. The structure, chapters and articles of the civil code have been adopted the French civil code, but its contents has been founded on the Islamic Jurisprudence (Islamic law i. e. Fiqh), as stressed by the writer of Iranian civil code. The effect of the Islamic Jurisprudence (Islamic law i. e. Fiqh) on the structure of the civil code is to the extent that some legal writer and jurists call it properly, “ Persian Jurisprudence” . This fact is effective in interpreting civil code. Duality of resources and approving hastily result in deficiency in Iranian code civil. This article is aimed to review of the resources and structure of Iranian civil code.

Following the reforms made in the French Civil Code, several notable innovations have emerged in this legal system. These innovations have been shaped by years of judicial practice, the system’s inherent weaknesses, and inspiration from European Union regulations. Their significance also extends to Iranian law, as Iran’s legal framework has historically been influenced by the French legal system. Consequently, the new provisions may bear relevance to the future reform of Iran’s Civil Code. One of the most substantially reformed areas in France concerns the law of obligations, which is equally significant in Iranian law. A key characteristic of these changes is their alignment with global trade practices and the reduction of judicial intervention. Due to such influences, it is possible to identify harmonized and compatible elements within the French reforms that could justify corresponding changes in Iranian law. In this context, the present study conducts an analytical–descriptive feasibility assessment of applying the innovations in the French Civil Code concerning the law of obligations to the Iranian Civil Code, utilizing a library-based research methodology. The findings reveal that one major feature of the French reforms—granting extensive powers to judges to ensure contractual balance—could potentially destabilize contractual relationships. This approach appears more restrained in Iranian law, where contract durability is more emphasized. Another notable innovation in the French Code is the duty of disclosure, which, although sporadically addressed in Iranian law (e.g., in the Civil Code and Insurance Law), has been rendered more operational and structured in French law. A further important innovation in the French Civil Code involves addressing contractual imbalance, which in Iranian law is currently evaluated based on circumstances and context, but could benefit from more structured reform.

The mental disabled are not regarded responsible for their harmful behavior as they are unable to realize the harmful effect of their conduct.Thus their behavior cannot be considered as culpable and they are not at fault in a moral sense. However French law (art.489- 2 code civil) and Iranian law (art.1216 Iranian civil code), impose legal liability to such persons for their tortiuos behavior. French law deems liability for such people for their harmful behavior through applying an objective criterion of negligence. Iranian law makes a distinction between etlaf (harm is caused directly) and tasbeeb (harm is caused indirectly) . But the common sense never accepts to impute such negligence to a person with mental disability.Therefore, where an insane and sane both participate in a harmful act, only the sane person is treated as being liable by adopting a subjective standard.

From the apparent meaning of the section 1046 of the Civil Code, it is inferred that the venue of the effect of foster-relationship is limited to relative-relation prohibitions. It means each marriage that is banned in venue of the relative-relations, the foster parallel and equivalence is void and unlawful as well. The amount of this effect, however, is in question. The major question of this article is whether all sorts of foster parallel of marriage are unlawful as their relative-relation ones are void, or it is possible to consider some restrictions in a way that there is a case, in which the relative marriage is unlawful, but it does not have any obstacle or prohibition in the foster one. In the other words, is pointing to foster-relation in the honorable speech of “Anything is banned by relative-relation is also banned by foster-relation.” merely referred to unlawful expressed topics in Islamic texts? Or does it include the other unmentioned topics, albeit there is no hesitation in correctness of the same relative-relation type? The outcome of this research is the restriction and monopoly of foster prohibition in particular cases of relative-relation prohibitions. Hence, there are cases in which in spite of the prohibition in relative-relation marriage, the foster parallel and equivalence does not include that prohibition.

Family has been the most important atmosphere for socialization process of children. In this context children learn social and ethical values and gradually are guided towards what they have to respect. However, some time family is becomes an inappropriate context for children and may lead them towards delinquency.In Iranian criminal policy, it is a duty for family to provide training and education for as a civil code.Custody of children and maintenance are of importance initiative from criminological aspect.Thus, in this paper, the criminal aspect of parents rights and duties in Iranian civil code are discussed.

The jurists have briefly considered the ruling of obedience to the parents and have considered two opinions in total: the obligation of obedience to the parents absolutely and the non-obligation of it absolutely. Due to the lack of detailed discussion about it in jurisprudence, and the existence of ambiguities in this regard, the legislator made a mistake and while misusing some words and customary interpretation of the issue, in Article 1177 of the Civil Code, ordered children to obey their parents and considered it necessary to respect them. In this study, which was conducted in a descriptive-analytical method, while concluding that there is no religious document indicating the obligation to obey the parents, and what is there only indicates the sanctity of the disobedience and annoyance of parents. The beginning of Article 1177 has been considered as lacking jurisprudential aspect and by criticizing it, it has tried to edit it.

Advancement in all aspects of human life, in particular economic development at national and global levels have made bankruptcy as one of the most resorted justification for failing to perform a contractual obligation. A perplexed and in the meantime controversial question which in this context may be posed is this: does a vendor who has not yet delivered his good to the purchaser have the right to refuse passing over the good to the bankrupt buyer.Or, in cases where the subject matter of the contract has already been delivered, does the seller have the right to have it back? The immediate answer may simply appear to be negative: that, since the bankruptcy has been declared after the conclusion of the contract, the vendor will no longer have any right of ownership and accordingly he is legally bound to deliver the good to the buyer. But he will be reimbursed during the liquidation and winding up process once his name is recorded in the creditors list.Article 380 of the I.S. Iran Civil Code seems to have a different stipulation; namely, in the event of the buyer insolvency the vendor is entitled to the return of his property and where the subject matter has not yet been delivered has the right of refusal.The prime purpose of this Article is to examine Article 380 and elaborate upon the legal approach which the Article has embodied. In so doing the study will also consider the issue in other context: namely; commercial law. In the light of such examination the work will embark upon a comparative assessment by taking into consideration the legal approach which the French legal system has adopted in this respect.

Invoking to the Quran, Sunnah, Psychology, and Custom, this essay discusses the reality and time of generation of bodily and mental maturity first, makes a comparison between their reality and their manifestation in the Iranian Civil Code secondly, and suggests some changes in some articles of the said Code finally.