A Comparative Analysis of Criteria for Identifying the Commercial Nature of Immovable Property Transactions with Emphasis on Judicial Practice in Iran and France

Abstract

The classification of immovable property transactions as commercial or civil represents one of the most controversial issues in commercial and private law, with significant practical implications for jurisdiction, evidentiary rules, contractual liability, and the applicable legal regime. In both Iranian and French legal systems, immovable property transactions are traditionally presumed to be civil in nature; however, legislative developments and, more importantly, judicial practice reveal notable exceptions to this principle. This article adopts a comparative and analytical approach to examine the criteria employed by courts in Iran and France to identify the commercial character of immovable property transactions. The central research question concerns the indicators relied upon by judicial authorities to reclassify such transactions as commercial and the degree of coherence and predictability of these indicators within judicial reasoning. Using a descriptive-analytical methodology based on comparative legal analysis and systematic review of judicial decisions, the study demonstrates that factors such as profit-making intent, professional status of the parties, repetition of transactions, connection with core commercial activities, and organizational structure of economic actors play a decisive role in both systems. Nevertheless, the relative weight and practical application of these criteria differ between Iranian and French judicial practices. The article concludes by proposing an analytical framework that clarifies the boundary between civil and commercial immovable property transactions and offers recommendations aimed at enhancing legal certainty and judicial consistency in Iranian law.