The Analysis of Legal Situation of Transferring Ownership Throught Unilateral Obligation Theory in Jurisprudence and Iranian Law

Transfer of ownership is often accomplished by agreement of two free wills. Transferring the property to another with one will, and owning a property without the will of transferee are often not accepted in jurisprudence because they are contrary to independence and freedom of individuals. A deeper reflection in the opinions of jurisconsults shows that although there are express objection towards the transferring of ownership throught unilateral obligation, this is not nonconventional and we can see its influence in some subjects like testamentary disposition, ownership as a corollary condition, money given as a gift to a bride's mother and some other jurisprudence institutions. In some Iranian civil law writer's view (e.g. jurisconsult's views), civil law doesnt accept that one-sided will can primarily make ownership for one individual unless it is an exceptional case, but the extent this view is accepted in Iranian legal system is controversial. Investigating the views of scholars about the acceptance or rejection of transfer of ownership through unilateral obligation and also criticizing their reasons, this paper investigates the possibility of acceptance of such transferring in statutory law.