Theory of Property Transferring and Theory of Obligation from the Point of view of Islamic Jurists

Iranian civil law, which is basically formed by the analysis and interpretation of Iranian civil code, is unable to explain and determine the underlying theories (theory of property transferring or theory of obligation) in the field of contracts and non-contractual commitments. Heterogeneous adaptations of French Civil Code, Islamic jurisprudence and Swiss Law led to conflicts in the provisions of the Iranian Civil Code.  In this article, an attempt is made to examine the view of jurists as an effective factor in regulating the articles of civil code on the acceptance or non-acceptance of one of the two theories. It seems that many provisions of the Civil Code are based on the theory of property transferring accepted by the Islamic jurists, and in order to resolve the conflict in the provisions of this code, it is necessary to amend some provisions that are apparently based on the French theory of obligation.