Analysis of the Self-help Sales Entity in the Iranian Legal System

Self-help sales take as a guarantee of Breach of Contract without going to court. This institution based on the legal functionalism of and the psychological view to law of contract, so that by reducing the cost and time of compensating the victim and monitoring based on exchange, apply effective enforcement. If the self-help institution is accepted, we can consider it among the authorities and not the functions of the actor, unless in the cases that explicitly foreseen by the legislator. This article is an effort with the aim of removing the ambiguity of the nature of self-help sales, examining the scope and functions of its use in contractual relations and finally determining the position of this subject in Iran's legal system. The result was that according to the existing regulations and the basis of self-help sales, and with the rejection of the opinion that supports the application of the self-help system in all cases, this entitycan be applied only in movable property and specified cases and cases that have been agreed upon. In iranian law, the closest subject to selling self-help is the theory of representation. One of the most important functions of the self-help subject is harm reduction and economic analysis of rights.  The results of the mentioned studies and researches in Iran's legal system have been examined and analyzed and it has been shown that due to the existence of the aforementioned benefits and the acceptance of this subject in the case law, the legislator should formulate regulations in order to determine its territory and position.