How to Terminate a Lien: From the Perspective of Imamate and Iranʹʹs Civil Law

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