نوع مقاله : مقاله پژوهشی
کارشناس ارشد حقوق خصوصی، دانشکده علوم انسانی، دانشگاه آزاد اسلامی واحد فارسان، فارسان، ایران
عنوان مقاله [English]
Immaterial properties are assets that do not exist externally but are recognized by society and recognized by law. According to one view, all objective rights (such as easement), the right to do business, goodwill, and intellectual property rights (intellectual property, literary, artistic, industrial, and cultural heritage) are among the immaterial properties. In Iranian law, the ownership of this properties is recognized. Relying on general legal provisions, the transfer of immaterial properties cannot be considered a sale and, as a rule, the transfer of immaterial properties is done in the form of Article 10 of the Civil Code and indefinite contracts; unless the Civil Law is amended, or the jurisprudence, as a unified procedure, approves the attachment of the transfer of this property to the sale, or the laws that have been approved later, recognize the transfer of the cases of this property as a sale. In the amendment bill of the Trade Law approved in 1968 and the Securities Market Law approved in 2005, the words "buy and sell" have been used repeatedly, and it seems that the legislator has been identified the share sale of companies, which is one of the examples of immaterial and non-intellectual properties. The sale of key-money is a "transfer" in the Landlord-Tenant Relations Law of 1977, but in the practice of trade and even lawyers, everyone talks about the sale of key-money. Typically, the key-money transfer documents of shops and stores refer to its sale instead of renting or transferring interest and key-money. But in the case of the right to acquire or profession or trade, despite the fact that the custom of buying and selling this property is clear, in terms of the contradiction of the society's perception with the explicit ruling of Article 338 of the Civil Code, it is still not possible to consider Iran's rights as surrendered as a definite custom of the society.