Prescription in Iranian Law, A dilemma about substantive or procedural concept

The concept of prescription, or limitation of time for initiating legal proceedings, was first addressed The Statute of Limitations for Movable Properties, approved on July ۲, ۱۹۲۹ It was later articulated in a more general language in Iran’s ۱۹۳۹ Code of Civil Procedure (CCP). Article ۷۳۱ defined prescription as a period after which courts would no longer hear claims, while Article ۷۳۷ established a ten-year limitation for property-related and debt claims, unless otherwise provided by specific laws. This legal framework remained valid until ۱۹۸۳, when the Guardian Council—responsible for ensuring the compatibility of legislation with Islamic jurisprudence—declared the provisions on prescription contrary to Islamic law and therefore null and void. Consequently, Iranian courts ceased to recognize prescription as a defense, and the new CCP enacted in ۲۰۰۰ omitted any reference to it.Despite the general invalidation of prescription under civil law, certain specific provisions in other legal codes—such as the Commercial Code, the Insurance Code, and the Islamic Criminal Code—have remained operative. Furthermore, in ۱۹۹۲ and ۲۰۰۸, the Guardian Council clarified that its ۱۹۸۳ decision did not apply to claims brought by foreign nationals against Iranian citizens if the claimant’s national legal system recognized prescription. In such cases.

کلیدواژه ها:

Civil Procedure Code (CCP) ، Iranian Law ، procedural law ، Prescription ، Statute of Limitation