International Journal of Finance & Managerial Accounting

International Journal of Finance & Managerial Accounting

The Analysis of Legislative-Reciprocal-Treatment Condition on Foreign Investment in Immovable Properties and its Impact on Iranian Financial Markets along with a Comparative Study of this Condition in New Economic Powers such as Turkey and the UAE

Document Type : Original Article

Authors
Ali Reza Mosadegh 1
Ahmad Shams 2
Jamshid Nour shargh 3
1 Ph.D in private law, Islamic Azad University of South Tehran branch.
2 the associate professor of the law department, Islamic Azad University of South Tehran branch.
3 he assistant professor of law department, Islamic Azad University of South Tehran branch
10.30495/ijfma.2022.19529
Abstract
One of the most important topics in international private law and foreign investment is the possibility of acquiring immovable properties for a foreign investor as a tool and introduction to start an economic activity in the host country considering the impact of foreign investment on the growth of economic and industrial indicators of countries.
On the other hand, in order to maintain the national security and public order, imposing some restrictions on foreign investors is inevitable in this regard. In the meantime, some limiting conditions of immovable properties acquisition for foreign nationals are provider for interests of the investor’s country than the country receiving the capital .One of these conditions is the “Reciprocal Treatment”.
One of the purposes of this article is inspecting the advantages and disadvantages of the aforementioned condition in legal sources and the way successful countries of the region function in attracting foreign investors for confronting the condition and also accommodating their legal status in comparison with Iran current regulations.
Keywords
reciprocal treatment
foreign investment
immovable properties
  • Saljuqi, Mahmoud (2009), Requirements Of International Private Law (1&2), Tehran:Mizan Publications
  • Katozian, Nasser (2006), Philosophy of Law, Volume 1,nTehran: Enteshar Co. Publications
  • (2010), Civil Law in the Current Order, Tehran:Mizan Publications
  • Sohrabi, Mohammad (2009), International Private Law, Tehran: Ganj-e-Danesh Publications
  • Jafari Langroudi, Mohammad Jafar(2001), Properties Law, Tehran:Ganj-e-Danesh Library Publications
  • (2007), Extended in Legal Terminology, Volume 1, Tehran:Ganj-e-Danesh Library Publications
  • Niaki, Jafar(1998), Prohibition Of the Acquisition Of Immovable Properties by Foreign Nationals, Legal Journal, No.22
  • Fadavi, Soleiman, Negar Aghighi(2005), International Private Law, Tehran:Karapayam Publications
  • Arfania, Behshid(2019), International Private Law, Tehran:Behtab Publishing
  • Tohidi, Ahmad Reza(2017), The Right Of Foreign Nationals to Acquire Properties in Iran with a Look at the Turkish Legal System, Journal Of Comparative Law Studies, No.2
  • Mahdavi, Abolghasem(2004), An Analysis Of the Role Of Foreign Investment in Economic Growth, Journal Of  Economic Research, No.66
  • Moradi, Khadijeh(2016), Analysis Of the Status Of Private Rights Of  Foreign Nationals in Iran, Quarterly Journal Of International Police Studies, No.26
  • Ghanbari Jahromi, Mohammad Jafar, Baghban, Rahim(2017), Protective Aspects Of Iranian Law On Foreign Direct Investment and Comparative Study with International Standards, Iranian and International Comparative Legal Research Quarterly, No.36
  • Talabaki Torghi, Akbar(2012), Examining the Necessity Of New Legislation on the Acquisition Of Immovable Properties by Foreign Nationals, Quarterly Journal Of Public Law Studies, No.2
  • Safaei, Hossein(1989), Restrictions on Foreigners’ Financial Rights in Iranian Law, Legal Journal, No.11
  • Reza Maboudi Neyshabouri, Seyed Jamaluddin Mousavi Taghiabadi(2013). Interpretation Of Article 961 Of the Civil Code Of Private Law, Volume 10, NO.1
  • Hali,Muhammad ibn Idris(1410), Al-Sarair, Volume 2, Qom: Islamic Publishing Institute for Teachers.
  • Decaux, Emmanuel, “Reciprocité”, Répertoire de droit international, Da: n. lloz , 19981-2- Robinson, Darren J., “U.S. Enforcement of Foreign Judgments, Libel Tourism, and the SPEECH Act: Protecting Speech or Discouraging Foreign Legal Cooperation”, Transnational Law and Contemporary Problems 21 (2013).