Ph. D Candidate of Private Law at theUniversityofTehran The article 139 of the Constitution of the I. R. of Iran the aim of which is protecting the public and governmental properties, has envisaged rules to realize this end in case of a legal dispute. However, some of domestic as well as foreign investors believe that the aim of this article is incompatible with the principal of swiftness at trade issues, because, capital absorbing and other types of trade are among indispensable needs of economic advancement. Therefore, linking between the above two expediencies, i.e. protecting public and governmental properties and swiftness at trade and absorbing of capital is very important. To coupe with this challenge, it would be better to find capacities of this article due to legislation and legal analysis based on national expedience.
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