Legal Research Quarterly

Legal Research Quarterly

The role of good faith in the transfer of ownership through a comparative study of Iran, English and German law

Document Type : Original Article

Authors
seyyed mostafa mohaghegh ahmadabadi (damad) 1
Seyyed ahmad Hosseini 2
mohammad Isaei tafreshi 3
1 Professor, Faculty of Law, Shahid Beheshti University
2 student
3 Professor, Faculty of Law, Tarbiat Modares University
10.29252/jlr.2022.223838.2005
Abstract
In most legal systems today "good faith" is a well-known and effective concept in legal relations. One of the most important aspects of this effect is the effect of good-faith in the transfer of ownership. So if the person in possession; was acted in good-faith and unaware of the other’s rights to the property transferred; subject to some conditions, his good-faith causes the transfer of ownership to him and remains immune from real owner. This approach has been reinforced in German law, meanwhile specifying in legal provisions, by the establishment of principles and rules by jurists. In English law, however, the concept of good-faith has not been as popular as that of German law; However, the vast powers of the courts and the adoption of realistic, justice-based approaches by them, have led to the protection of good-faith possessor and This approach has been extended to some legal provisions. The concept of good-faith is also recognized in domestic law and is specified in some legal provisions. considering the dynamism of “Shi’a jurisprudence” as the basis of rules and legal provisions in domestic law And the lack of any conflict between the essence of good-faith and this basis, It seems that The approaches of the German and English legal systems can be used to strengthen these domestic legal institutions whose actions lead to the protection of the good-faith possessor and change some traditional approaches which the application of them would lead to the detriment of the good-faith possessor.
Keywords
good faith
possession
other&rsquo
s property
transfer of ownership
Subjects

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  • Receive Date 30 September 2021
  • Revise Date 28 April 2022
  • Accept Date 11 May 2022