چکیده:
The right in rem is a power directly imposed on property and, along with the right to do so, forms two branches of the financial rights of individuals in the community. This institution is rooted in Roman law, which has entered into French law and evolved over time and then adapted to the law of Iran. This research tries to first examine the right in rem through a historical study and explain its developments in French law, and then explain how it is introduced and its status in Iranian law. Briefly, as a research achievement, It can be said that in Iran's civil law and civil procedure, the separation of rights in personam and in rem and its effects has been recognized, but due to the fact that this institution is imported," sometimes " two confusions have taken place, or at least the background of this confusion exists: first, confusion between the chose in French law and the Ein in feqh, which is both specific and general, and second, confusion between privileges." The ability to exercise "which is specific to objective rights" with the "ability to invoke" which is common between objective and personal rights.
خلاصه ماشینی:
In Iranian law, discussions related to property rights and ownership have not attracted the necessary attention of legal scholars, and this has contributed to the fact that, unlike discussions on personal (debt) rights and obligations, less literature has been developed regarding real rights despite their great importance.
By studying French and Iranian law, it seems that: first, some leniency has occurred in the understanding and equivalence of legal terms, and second, both real rights and personal rights have undergone transformations in the centuries following the revision of the French Civil Code.
2. It should also be noted that in the past, sometimes under the influence of legal traditions arising from feudalism, some legal scholars These issues motivated the writing of the present article, and the goal is to first correctly propose and explain the history and foundations of the formation of real rights in Roman law and then in ancient and modern French law in contrast to personal rights, and subsequently to explain the entry and position of this concept in the civil law and civil procedural law of Iran.
(Perhaps instead of 'haqq', the expression 'act and omission' would be more accurate because a right is a relationship, whereas property is the subject of a relationship) Also, contrary to the initial conception, the meaning of 'ayn' in Islamic jurisprudence and Iranian law is not a term synonymous with 'ayn' in French law, which is the translation of 'Chose' and has a real existence, but rather it is broader than that.
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