خلاصة:
The Civil Code which is considered to be the most significant source of rights of individuals in Iranian legal system has paid a special attention to right in its particular meaning (property rights) and its classifications. Most of the authors have dealt with the imported classification of rights (corporeal right, incorporeal right and spiritual right) and mistakenly have attempted to interpret the Civil Code and comparing it with the aforementioned classification. This fact necessitates studying the classification of right in the view of the Civil Code. The question which could be asked here is that on what grounds and how the Iranian Civil Code has classified financial rights? In achieving the answer of the said question, this article, through using a descriptive-analytic method, firstly analyzes and critiques the common classification of rights as an imported classification and with a view to law of the west as the source of the classification. Thereafter, the basis and howness of this classification in accordance with the Civil Code is explained. Consequently, it becomes clear that the common classification of rights is not compatible with that of Civil Code and the Iranian Civil Code has classified rights based on their subjects: the rights which their subject is property in its narrow sense (corporeal right) and the rights which their subject is human act or property in its broad sense (contractual right).
ملخص الجهاز:
Types of Financial Rights in the Civil Code of Iran with a Look at Western Law 1 Seyyed Hassan Mousavi Hashemi 2 Date of Receipt 98/02/15 - Date of Acceptance 98/10/11 Hassan Pashazadeh 3 Esmail Sagiri 4 Ali Gharibe Abstract The Civil Code, which is considered the most important source of personal rights in the Iranian legal system, has a special view of right in its specific sense (financial right) and its classifications.
To reach the answer to the aforementioned question, this article, using a descriptive-analytical method, first analyzes and criticizes the common classification of rights as an imported classification, with a look at Western law as the origin of said classification, and then the basis and manner of this classification are explained from the perspective of the Civil Code.
Therefore, from the perspective of the Civil Code, a financial right is considered a right in the specific sense - that it cannot be said that an equivalent for these concepts cannot be found in the Civil Code, but rather the legislator in Article (29) of the Civil Code and also in the discussions related to obligation, has referred to types of rights that can be considered equivalents to the aforementioned concepts, especially real rights.
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