Judgment

Judgment

Articles: "Criticism of the unanimous decision of the Supreme Registration Council dated 12/7/71" License to stop and acquire goodwill and the right to do business and trade

Document Type : Scientific

Author
Abstract
Abstract: At one time, the property of individuals was only tangible property, mainly land, real estate, and money, which included gold and silver. Today, many assets have been added to this tangible property, and goodwill or the right to do business and trade is part of this category of assets.
If we define property as anything that has value and a document or anything that is of interest to individuals, goodwill or the right to do business and trade is one of its clear examples, whether our will is to separate these two rights into two rights with a completely different nature or whether we even mean them as one, which of course we believe in the separation of these two rights and it can be discussed and examined in its place.
Goodwill or the right to trade and commerce is one of the most valuable assets of individuals today and is undoubtedly considered as one of the general collaterals for the obligations of the parties in transactions and dealings. Therefore, the assumption that it is impossible to seize or sell and auction it in order to exercise the rights of individuals at the stage of executing court orders with registration is not acceptable. Even if obstacles are observed in practice, we must remove them using logical and accessible and, of course, legal solutions and pave the way for the right holders to obtain this valuable property. Keywords Keywords, goodwill, right to trade and commerce, seizure of possession