A Comparative Study of Commercial Property in Iranian and French Law

Assets constitute the positive and negative parts of each person's property. Natural and legal businessmen, like all individuals, have assets consisting of a set of individual financial rights and obligations that serve as collateral for paying their debts. If a trader has debts, they are paid from his assets. If there are claims and assets, they are also added to his assets. In the case of property, the principle of unity prevails, according to which all individuals, including businessmen and non-businessmen, can only have one property. Every person has a specific asset from the beginning of his life that remains in place after dissolution or death until the settlement of his debts. The Iranian commercial legislator has not stated the term commercial asset, but the French legislator has allowed the separation of personal and commercial assets in certain cases. The aim of this research is to examine the position of commercial property in Iranian and French law, and based on descriptive-analytical method, the concept of property and the rules governing it, the principle of unity of property and its exceptions have been discussed with a comparative study between Iranian and French law. The results of the research show that the principle of unity of property is accepted as an indisputable principle in Iranian and French law, but in French law, separation of property is allowed in limited and legally stipulated cases.