How to Terminate a Lien: From the Perspective of Imamate and Iran's Civil Law

摘要: In the law of obligations, a lien is considered as one enforcement warranties by jurists and lawyers. Despite disagreements over its origin scope, it can be stated that jurists' consensus determines enforcement. However, critical question how to terminate lien. This issue bound contract sale principles for other transactions are also decided according sale. A total five basic theories have been assigned. The most well-known decision made Imamate jurists, which has claimed approved consensus, both parties transaction should forced deliver such judge orders bring what they court, then he gives object customer price seller. Or alternately, asks them give provisions righteous person so conduct exchange because equal in regard with ownership; therefore, must other's properties none delivery priority one. Even though recognized Iran's civil law, there no specific rule on it. Therefore, makers consider legal silence believe virtue Article 167 Act 10, accepted valid lack.