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The Possibility of Usurpation in Property Without an Owner
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Narges Dehghan1    , Seyed Hassan Vahdati Shobeiri2 |
1- Ph.D Student, Department of Private Law, Faculty of Law, Razavi University of Islamic Sciences, Mashhad, Iran. (Corresponding Author)
2- Assocaite Professor, Department of Private Law, Faculty of Law, University of Qom, Qom, Iran. |
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Abstract: (367 Views) |
Background and Purpose: One of the most important in Islamic jurisprudence, which is also widely used in law today, is the issue of usurpation of property without an owner. Although Article 308 of the Civil Code defines usurpation and Article 311 of the same law stipulates the guarantee of usurpation, these articles are not clear about usurpation of ownerless property. This research investigates the possibility of realizing usurpation and guaranteeing it in case of usurpation of such property.
Materials and Methods: The method of studying and gathering information and research findings is descriptive-analytical.
Ethical Considerations: All ethical principles governing research have been observed in the presentation of this article.
Findings and Conclusions: Some people do not consider it possible to guarantee usurpation in such circumstances. This group, referring to the fact that public rights do not have the ability of exclusive acquisition for users and only the right of priority is established in the use of the right, they doubt the possibility of realizing the guarantee of usurpation in relation to the possession of property without an owner, and they believe that the possession of private property and Government property is different in a special sense from possession of public property and commons. This article, while analyzing different and distinct elements and conditions of usurpation, has tried to evaluate the possibility of realizing usurpation and the resulting responsibility in ownerless property such as public property and public commons, and finally examine the usurper's responsibility for the possession of this property.
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Article number: 2 |
| Keywords: Public Property, Ownerless, Possession, Usurpation, Public Commons. |
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Full-Text [PDF 555 kb]
(183 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2024/01/7 | Revised: 2025/02/8 | Accepted: 2024/03/17 | Published: 2024/03/20
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