عنوان مقاله [English]
The codification of legal rules may not be ignorant of the realities and needs of the society. Of these cases, we may refer to the deals made by innocent persons. So, the ordinary people of a society may not be expected to recognize the real owner of properties for their legal acts. As a result, Where a person makes a transaction or a deal based on the confidence-making appearance and the examination of other conditions, such person should be protected if those prima facial facts deems untrue later. Namely, the initial owner may not claim the property from the current innocent possessor. It means that the illegal possessed property is considered lost one in the relation between the initial owner and the illegal possessor and the initial owner may refer to the illegal possessor to claim the substitute of the property. the subsequent deals are correct legally.
The Iranians laws do not provide the innocent person with considerable protection. However, this essay, having studied the Imamiah Jurisprudence as the secondary recourse of law-making in Iran including the possession circumstantial evidence and the correctness principle, and other regulations in the civil and trade codes ,shows that it is possible to develop the general rule of the appearance in deals made by innocent persons.