Re- Reading the Legal Status of Non-Violent Property Owners
Based on the famous opinion of jurists And the majority of lawyers, the first principle in seizures on other property is based on the guarantee possession And all kinds of domination over the people's property have been condemned to liability of unlawful possession and the order of special rule...
| Main Authors: | , , |
|---|---|
| Format: | Article |
| Language: | fas |
| Published: |
Allameh Tabataba'i University Press
2023-03-01
|
| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| Subjects: | |
| Online Access: | https://jplr.atu.ac.ir/article_16166_cfb847d9d13d185c8e921699d069d176.pdf |
| _version_ | 1797375818302750720 |
|---|---|
| author | Jafar Shahand Ebrahim TaghiZadeh Abolghasem Naghibi |
| author_facet | Jafar Shahand Ebrahim TaghiZadeh Abolghasem Naghibi |
| author_sort | Jafar Shahand |
| collection | DOAJ |
| description | Based on the famous opinion of jurists And the majority of lawyers, the first principle in seizures on other property is based on the guarantee possession And all kinds of domination over the people's property have been condemned to liability of unlawful possession and the order of special rules of usurpation considering the pure obedience of the legislator in enacting Articles 301 to 327 of the civil law, accepting the well-known opinion of the jurists in a general or general manner, this extremist view has been seriously criticized by the commentators of the civil law. And basically, the application of the rules of usurpation to non-aggression, in which the basis of possession and domination is based on ignorance of truth and error and lack of malice, is in clear opposition to the principles and rules of justice and fairness and the requirement of the principle innocence. Therefore, in this article an attempt has been made with the help of scattered jurisprudential and legal opinions and related legal materials in order to modify the popular opinion and explain the responsibility of non-aggressors based on the use of other sources of coercive guarantee take a step. |
| first_indexed | 2024-03-08T19:29:43Z |
| format | Article |
| id | doaj.art-b2cefdd4d9d54079b790dfade3e52ed7 |
| institution | Directory Open Access Journal |
| issn | 2345-3583 2476-6232 |
| language | fas |
| last_indexed | 2024-03-08T19:29:43Z |
| publishDate | 2023-03-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| spelling | doaj.art-b2cefdd4d9d54079b790dfade3e52ed72023-12-26T07:49:55ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī2345-35832476-62322023-03-01114222124610.22054/jplr.2023.65467.263916166Re- Reading the Legal Status of Non-Violent Property OwnersJafar Shahand0Ebrahim TaghiZadeh1Abolghasem Naghibi2Ph.D. Candidate in Private Law, Payam-e-noor University, Tehran, IranProfessor in Private Law, Payam-e-noor University, Tehran, IranProfessor in Jurisprudence and Law, Shahid Motahari University, Tehran, IranBased on the famous opinion of jurists And the majority of lawyers, the first principle in seizures on other property is based on the guarantee possession And all kinds of domination over the people's property have been condemned to liability of unlawful possession and the order of special rules of usurpation considering the pure obedience of the legislator in enacting Articles 301 to 327 of the civil law, accepting the well-known opinion of the jurists in a general or general manner, this extremist view has been seriously criticized by the commentators of the civil law. And basically, the application of the rules of usurpation to non-aggression, in which the basis of possession and domination is based on ignorance of truth and error and lack of malice, is in clear opposition to the principles and rules of justice and fairness and the requirement of the principle innocence. Therefore, in this article an attempt has been made with the help of scattered jurisprudential and legal opinions and related legal materials in order to modify the popular opinion and explain the responsibility of non-aggressors based on the use of other sources of coercive guarantee take a step.https://jplr.atu.ac.ir/article_16166_cfb847d9d13d185c8e921699d069d176.pdfliability fun law full-possessionaggressionresponsibilityusurpationprinciple of pnnocence |
| spellingShingle | Jafar Shahand Ebrahim TaghiZadeh Abolghasem Naghibi Re- Reading the Legal Status of Non-Violent Property Owners Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī liability fun law full-possession aggression responsibility usurpation principle of pnnocence |
| title | Re- Reading the Legal Status of Non-Violent Property Owners |
| title_full | Re- Reading the Legal Status of Non-Violent Property Owners |
| title_fullStr | Re- Reading the Legal Status of Non-Violent Property Owners |
| title_full_unstemmed | Re- Reading the Legal Status of Non-Violent Property Owners |
| title_short | Re- Reading the Legal Status of Non-Violent Property Owners |
| title_sort | re reading the legal status of non violent property owners |
| topic | liability fun law full-possession aggression responsibility usurpation principle of pnnocence |
| url | https://jplr.atu.ac.ir/article_16166_cfb847d9d13d185c8e921699d069d176.pdf |
| work_keys_str_mv | AT jafarshahand rereadingthelegalstatusofnonviolentpropertyowners AT ebrahimtaghizadeh rereadingthelegalstatusofnonviolentpropertyowners AT abolghasemnaghibi rereadingthelegalstatusofnonviolentpropertyowners |