Objective: This study aims to examine the impact of the elimination of the statute of limitations from civil claims and to explain the role of accepting this legal institution in preventing the initiation of claims concerning the transfer of another person’s property to a third party. Furthermore, Iran’s criminal policy approach toward the statute of limitations and its effects on judicial security and the efficiency of the judicial system have been analyzed.
Methodology: This research has been conducted through a library-based method using a descriptive-analytical approach. In this regard, relevant laws and regulations, the opinions of the Guardian Council, and legislative developments concerning the statute of limitations and the crime of transferring another person’s property have been examined.
Findings: The findings of the study indicate that the elimination of the statute of limitations from civil claims after the Islamic Revolution has enabled the filing of claims related to the transfer of another person’s property without any temporal restrictions. This situation has not only increased the volume of judicial cases but has also led to the initiation of claims based on very old events, difficulties in proving allegations, and a decline in the stability and security of legal relations. Moreover, an examination of legislative developments concerning the crime of transferring another person’s property demonstrates that the legislator’s criminal policy in this area has fluctuated between protecting property rights, ensuring judicial security, and, at certain stages, adopting de-incarceration approaches.
Conclusion: The results of the study suggest that the acceptance of the statute of limitations in civil claims, alongside criminal statutes of limitations, can strengthen judicial security and the stability of legal relations while preventing the filing of a portion of claims related to the transfer of another person’s property. Such an approach, in addition to reducing the number of cases submitted to courts, can also contribute to the objectives of de-incarceration policies and improving the efficiency of the judicial system.