Eliyeh Delavari
has been argued that a person who is not interested in their homeland is more foreign to a
country than a foreigner95.
Based on this paragraph, it seems that such assignment of the properties must be legal,
formal and notarised so that it can be prosecuted. It should be noted that the transfer of
ownership of immovable property (agricultural, commercial and residential) can be conducted
in the form of buying and selling, compromise, gift and other legal contracts to other Iranians96.
There are no specific guidelines or mechanisms to control whether the immovable properties
or the right to them have been surrendered. However, practically, the Ministry of Foreign
Affairs sends a copy of renunciation document to the State Property and Documents
Registration Organisation, and that organisation directs the contents of the document to all
Provincial Property and Document Registration offices and finally to the notary public offices
throughout the country97.
Accordingly, all the immovable transactions of the person whose foreign citizenship is
recognised (who is not an Iranian national any longer) will be prevented by the notary offices98.
This one year period can be reduced to a 3 months period if the person concerned does not leave
the country within 3 months99. Note A of Article 988 of the Civil Code stipulates that “those
who have renounced their Iranian nationality must leave Iran within 3 months from the date of
issuance of the renunciation document, otherwise the competent authorities will issue
Deportation Orders for their expulsion and the sale of their property”. With the approval of the
Ministry of Foreign Affairs this period can be extended up to a maximum period of one year100.
4.1.1. Impacts of Renouncing Iranian Citizenship
Individuals who have legally renounced their Iranian citizenship are no longer Iranians and are
considered foreigners. As a result, they will be deprived and exempted from all the citizenship
rights and obligations101. In determining the impact of the renunciation of Iranian citizenship
on the citizenship of wives and children, the legislator has chosen a different approach than of
the acquisition of the Iranian citizenship. In simple terms, while the acquisition of Iranian
citizenship leads to the automatic acquisition of nationality for the wives and children of the
person who has acquired the Iranian nationality, the renunciation of nationality of the husband
does not alter that of his wife or children102. This is a positive aspect of the law.
95
ﺣﻘوق ﺑﯾن،١٣٨۴، ۶٣ ﺳﯾد ﻣﺣﺳن ﺷﯾﺦ اﻻﺳﻼﻣﻲص، اﻟﻣﻠل ﺧﺻوﺻﻲ. (Seyed Mohsen Sheykholeslami, International
Private Law 1st. ed, 2004, page 63).
96
ﺣﻘوق ﺑﯾن،١٣٨۴، ۶٣ ﺳﯾد ﻣﺣﺳن ﺷﯾﺦ اﻻﺳﻼﻣﻲص، اﻟﻣﻠل ﺧﺻوﺻﻲ. (Seyed Mohsen Sheykholeslami, International
Private Law 1st. ed, 2004, page 63).
97
ﺣﻘوق ﺑﯾن،١٣٨۴، ۶٣ ﺳﯾد ﻣﺣﺳن ﺷﯾﺦ اﻻﺳﻼﻣﻲص، اﻟﻣﻠل ﺧﺻوﺻﻲ. (Seyed Mohsin Sheykholeslami, International
Private Law 1st. ed, 2004, page 63).
98
ﺣﻘوق ﺑﯾن،١٣٨۴، ۶٣ ﺳﯾد ﻣﺣﺳن ﺷﯾﺦ اﻻﺳﻼﻣﻲص، اﻟﻣﻠل ﺧﺻوﺻﻲ. (Seyed Mohsin Sheykholeslami, International
Private Law 1st. ed, 2004, page 63).
ﺑﺎﯾﺳﺗﮫ،١٣٨٠، ٩۵ ﻣﺣﻣود ﺳﻠﺟوﻗﻲھﺎي ﺣﻘوق ﺑﯾنص، اﻟﻣﻠل ﺧﺻوﺻﻲ. (Mahmoud Saljooghi, The Rules of International
Private Law 1st. ed, Tehran: Mizan publication, 2001, page 95).
100
Civil Code of the Islamic Republic of Iran, 23 May 1928, Art. 988 (Note1).
101
ﺣﻘوق ﺑﯾن،١٣٨٣، ١٣١ ﺳﯾد ﻧﺻرﷲ اﺑراھﯾﻣﯽص، اﻟﻣﻠل ﺧﺻوﺻﻲ. (Seyed Nasrollah Ebrahimi, International Private
Law 1st. ed, 2004, page 131).
102
Renunciation of the wife or children is dependant on the permission of the Council of Ministers. Article 988 of
the Civil Code, sub-para’s 3 & 4: The wife and children of the person who renounces his nationality according to
this Article do not lose their Iranian nationality, whether the children are minors of age, unless the permission of
the Council of Ministers allows them to renounce their nationality, and that they have completed their national
military service.
99
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RSCAS/GLOBALCIT-CR 2020/13- © 2020 Author(s)