THE STUDY OF INCLUSION OF USURPATION LIABILITY TO THE POSSESSIONS OF THE STATE (by looking at jurisprudence)

Article 11 of civil liability code has recognized the civil liability of the state , but this article does not explain clearly the realization of usurpation liability . The present study seeks to answer this question that if the state have had illegal domination on others property whether it can rea...

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Bibliographic Details
Main Authors: mohammad bafahm, Azizollah Fahimi
Format: Article
Language:fas
Published: Allameh Tabataba'i University Press 2017-12-01
Series:Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī
Subjects:
Online Access:https://jplr.atu.ac.ir/article_8132_ef7f300271e8f1581332b58a7aa1ba87.pdf
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Summary:Article 11 of civil liability code has recognized the civil liability of the state , but this article does not explain clearly the realization of usurpation liability . The present study seeks to answer this question that if the state have had illegal domination on others property whether it can realize the usurpation liability ? Some have hesitated about the possibility of usurpation liability to the state and they regarded the analogy of the state possessions with real persons possessions as an irrelevant analogy . In this writing after explaining and examining the basis of the view , in addition , analysis of court judgments we will conclude that there is the possibility of realization of usurpation liability to Illegitimate possessions of the state . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ISSN:2345-3583
2476-6232