Foundations of Aboverground and Underground Ownership in Islamic and Western Law
Abstract The ever-increasing expansion of urban societies and shortage of residential lands has caused to be aboveground and underground more valuable than the ground in some cases. This has led to the increasing conflict between individual and public ownership. Studying and analyzing the principles...
| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
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University of Qom
2015-09-01
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| Series: | پژوهش تطبیقی حقوق اسلام و غرب |
| Subjects: | |
| Online Access: | https://csiw.qom.ac.ir/article_736_608153425cb17ebce5e7936ae6b1822a.pdf |
| _version_ | 1797233149655121920 |
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| author | Mohammad Salehi Mazandarani jamshid mirzaei |
| author_facet | Mohammad Salehi Mazandarani jamshid mirzaei |
| author_sort | Mohammad Salehi Mazandarani |
| collection | DOAJ |
| description | Abstract The ever-increasing expansion of urban societies and shortage of residential lands has caused to be aboveground and underground more valuable than the ground in some cases. This has led to the increasing conflict between individual and public ownership. Studying and analyzing the principles of ownership can reduce to a large extent the conflict between the private owners and custodians of urban affairs. the results of comparing the fundamentals of this type of ownership in Islamic, Iranian law and legal system of property rights in France, England, Germany, Switzerland, Egypt implies that the Controlling(Al-Taslit), Reverence(Ehteram), Compliance (Tabaiiat), Possession(Yad) and No-harm(La-Zarar) Rules are the most foundations of aboveground and underground property right. Hence the owner of the land has Possession power on them and this must be honored, as aboveground and underground are land accessories and any person who prevents legal possession of the owner, will be liable to compensate due to the damages. |
| first_indexed | 2024-04-24T16:11:35Z |
| format | Article |
| id | doaj.art-ef3f6350992342cd9ae048f23b681f56 |
| institution | Directory Open Access Journal |
| issn | 2476-4213 2476-4221 |
| language | fas |
| last_indexed | 2024-04-24T16:11:35Z |
| publishDate | 2015-09-01 |
| publisher | University of Qom |
| record_format | Article |
| series | پژوهش تطبیقی حقوق اسلام و غرب |
| spelling | doaj.art-ef3f6350992342cd9ae048f23b681f562024-03-31T19:05:01ZfasUniversity of Qomپژوهش تطبیقی حقوق اسلام و غرب2476-42132476-42212015-09-012310112210.22091/csiw.2016.736736Foundations of Aboverground and Underground Ownership in Islamic and Western LawMohammad Salehi Mazandarani0jamshid mirzaei1دانشیار گروه حقوق خصوصی دانشکده حقوق دانشگاه قمدانشجوی دکتری حقوق خصوصی دانشگاه قمAbstract The ever-increasing expansion of urban societies and shortage of residential lands has caused to be aboveground and underground more valuable than the ground in some cases. This has led to the increasing conflict between individual and public ownership. Studying and analyzing the principles of ownership can reduce to a large extent the conflict between the private owners and custodians of urban affairs. the results of comparing the fundamentals of this type of ownership in Islamic, Iranian law and legal system of property rights in France, England, Germany, Switzerland, Egypt implies that the Controlling(Al-Taslit), Reverence(Ehteram), Compliance (Tabaiiat), Possession(Yad) and No-harm(La-Zarar) Rules are the most foundations of aboveground and underground property right. Hence the owner of the land has Possession power on them and this must be honored, as aboveground and underground are land accessories and any person who prevents legal possession of the owner, will be liable to compensate due to the damages.https://csiw.qom.ac.ir/article_736_608153425cb17ebce5e7936ae6b1822a.pdfpossession rulereverence rulecompliance ruleno-harm ruleaboveground and underground property |
| spellingShingle | Mohammad Salehi Mazandarani jamshid mirzaei Foundations of Aboverground and Underground Ownership in Islamic and Western Law پژوهش تطبیقی حقوق اسلام و غرب possession rule reverence rule compliance rule no-harm rule aboveground and underground property |
| title | Foundations of Aboverground and Underground Ownership in Islamic and Western Law |
| title_full | Foundations of Aboverground and Underground Ownership in Islamic and Western Law |
| title_fullStr | Foundations of Aboverground and Underground Ownership in Islamic and Western Law |
| title_full_unstemmed | Foundations of Aboverground and Underground Ownership in Islamic and Western Law |
| title_short | Foundations of Aboverground and Underground Ownership in Islamic and Western Law |
| title_sort | foundations of aboverground and underground ownership in islamic and western law |
| topic | possession rule reverence rule compliance rule no-harm rule aboveground and underground property |
| url | https://csiw.qom.ac.ir/article_736_608153425cb17ebce5e7936ae6b1822a.pdf |
| work_keys_str_mv | AT mohammadsalehimazandarani foundationsofabovergroundandundergroundownershipinislamicandwesternlaw AT jamshidmirzaei foundationsofabovergroundandundergroundownershipinislamicandwesternlaw |