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Research Activities

Research Projects

FY 2006/2007 Research Topic: 4-03
Law and Custom in Real Estate Transaction of Iran

Outline

Iran and many Middle Eastern countries have been trying to integrate traditional elements and ones introduced from Europe in their legal systems. As secular European laws were introduced in the modernization era, those two groups of elements were placed side by side, influencing one another. Similarly in the field of real estate transactions, where Islamic law was in force before modernization, subsequent changes in the legal system affected the traditional concept of rights towards real estate. It has also been frequently pointed out that those legal concepts change according to area and to era. We encounter, for example, the historical fact that in many places, only rights of use were formerly accepted as private rights over land, although today it can have broader meanings.

To follow such changes in juridical concepts concerning real estate transactions, we will focus both on the present legal system and also on its historical background. In this project, the following topics will be focused on; the case of real estate (especially Waqf estate) transactions in 19th century Tehran; laws and customs in real estate transactions in today's Tehran; and the establishment of private land-ownership in the Middle East in the case the Egyptian civil law.

Period

April 2005 - October 2006

Organizer

Members of the Research Project

IWASAKI Yoko
KONDO Nobuaki (Assistant Professor, Research Institute of Languages and Cultures of Asia and Africa, Tokyo University of Foreign Studies)
HORII Satoe (Lecturer, Tokyo University of Foreign Studies)

Publications