Attachment of State-Owned properties in Iran’s Law and International Trade
Document Type : Specialized Article
Authors
1 PhD student in private law, Bu Ali Sina University
2 MA in Private Law
Abstract
The immunity of attachment of state-owned properties is known as a general principle; although, it can be observed that some actions are proposed in order for attaching the properties of state companies or institutions. The question dawns on mind is, are the properties of state companies and institutions embodied the state-owned properties’ immunity presumption? Is it feasible to attach the state-owned properties because of the obligations of state companies? As there is a close relationship between the properties of state institutions and state-owned properties, the issue of attaching these properties depends on legitimacy of bringing an action against the government. In addition, the recognition of the persona moralist of this institution is upper hand since provided we consider a persona moralist for these institutions, attaching the state-owned properties will be illegitimate, and it will be responsible for its own damages by itself. It sounds in the international arena, the activities of state companies suggest the acta jure gestionis, and hence they will not embody the state-owned properties’ immunity presumption. Also, the state-owned properties due to commercial obligations of state companies and institutions are attachable.
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