The realm of free will in creating new rights in rem from the perspective of property and registration law

In a major division, rights and disputes are divided into in rem and in personam categories; one of the sources of the creation of rights, contracts is that Article 10 of the civil code which has accepted the rule of will in establishing them. In the field of in personam rights, as the effects of contracts are relative, this rule is absolutely applicable. But its application to rights in rem, other than rights envisaged in the laws and regulations, requires further scrutiny because of the absolute nature of these rights and their applicability to others, especially in view of the legal neglect of this title and Legal systems do not have a single position. For this reason, in the present study, we have tried to discover the legal position in Iranian law by conducting comparative study as well as fiqh investigation of the issue, while presenting economic analysis. The result is that despite the disagreements it must be stated that the principle of sovereignty of the will and consequently the freedom of contract in the creation of rights in rem is applicable to both French and Iranian law, unless the legislator restricts it to the material.