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:: Volume 3, Issue 3 (Interdisciplinary Legal Research 2022) ::
ILR 2022, 3(3): 1-11 Back to browse issues page
The Basics of Restricting the Ownership of Persons by the Government
Zahra Hamidi Farah Abadi1 , Akbar Fallah2, Ali Faghihi3
1- Ph.D Student, Department of Jurisprudence and Fundamentals of Law, Babol Branch, Islamic Azad University, Babol, Iran.
2- Assistant Professor, Department of Jurisprudence and Fundamentals of Law, Babol Branch, Islamic Azad University, Babol, Iran. (Corresponding Author)
3- Assistant Professor, Department of Jurisprudence and Fundamentals of Law, Babol Branch, Islamic Azad University, Babol, Iran.
Abstract:   (105 Views)
Background and Aim: The issue of limiting the ownership of persons by the state is one of the most important issues in society. The main question of the research is, with what permission can the government restrict the ownership of individuals, and in fact, what is the jurisprudential and legal basis of the realm of state sovereignty in restricting the ownership of individuals?
Materials and Methods: It is descriptive study.
Ethical Considerations: All ethical considerations have been observed.
Findings: In sum, theories of restricting ownership can be divided into three categories: Absolute Freedom of ownership (Capitalism), Complete Limiting of personal property (Shared or Socialism) and Partial Limiting of personal property (Islamic opinion).
Conclusion: Justifications such as the primacy of public interest over private, expediency, the exercise of sovereignty by the state, and the jurisprudential rule of La-Zarar, can be a license to restrict the private property of individuals.
 
Keywords: Restriction of Ownership, Jurisprudence, Government.
Full-Text [PDF 936 kb]   (81 Downloads)    
Type of Study: Research | Subject: Special
Received: 2022/07/16 | Revised: 2022/10/29 | Accepted: 2022/08/25 | Published: 2022/09/23
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Hamidi Farah Abadi Z, Fallah A, Faghihi A. The Basics of Restricting the Ownership of Persons by the Government. ILR 2022; 3 (3) :1-11
URL: http://ilrjournal.ir/article-1-195-en.html


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Volume 3, Issue 3 (Interdisciplinary Legal Research 2022) Back to browse issues page
فصلنامه علمی تخصصی پژوهش‌های حقوقی میان‌رشته‌ای The Quarterly Journal of Interdisciplinary Legal Research
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