The Role of Collateral in Iran's Economic and Political Policies: Examining the Contrast Between Government Interests and Individual Rights

Document Type : .

Authors

1 Associate Professor, Department of Private Law, Payame Noor University, Tehran, Iran

2 Faculty member of Law Department, Payame Noor University, Tehran, Iran

3 Professor, Department of Private Law, Payame Noor University, Tehran, Iran.

4 Assistant Professor of Law, Payam Noor University, Tehran, Iran

10.30465/cps.2020.9782

Abstract

The role of collateral rights in Iran's economic and political policymaking is a crucial and contentious issue due to its profound impact on economic relations. This study investigates how government policies influence individuals' right to collateral while exploring the balance that can be established between state interests and individual rights. The primary question is whether governmental economic and financial policies impose restrictions on individuals' collateral rights and if these restrictions result in conflicts between state interests and individual rights. The hypothesis suggests that, in certain cases, state economic policies lead to a clash with individuals' rights to ownership and economic freedom. Through a descriptive-analytical method and an analysis of existing laws and regulations, this study concludes that the conflict between state and individual interests in collateral requires policy revisions and supportive regulations to ensure a balance between individual rights and national interests. These findings can aid policymakers in drafting new legislation that concurrently considers state interests and individual rights.

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