Standards of public property of state property with emphasis on Article 45 of the Constitution

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

abdolvahid vafaei ¹ , maryam jamshidzadeh ²

1 - Assistant professor of Islamic teaching, Faculty of Humanities, Islamic Azad University of South Tehran (Corresponding Author)
2 - Master of Law, Faculty of Humanities, Islamic Azad University of South Tehran

Received: 2023-08-12 Accepted : 2023-09-10 Published : 2023-12-22

Keywords: ", Article forty five of the constitutio", Governmental properties", public properties", , ", Ownership", , ", Gurdianship",

Abstract :

AbstractThe public properties is the type of possession which relates to all individuals in the society. The other is the governmental properties which is the possession of the government merely. The knowledge of differences between public and governmental properties is the criterion for finding their meanings. This research with using libraries study, descriptive and analytical approach and also with emphasizing on the Article forty five of the constitution law investigate Imami jurists and lawyers’ ideas and viewpoints. Then, the findings of the differences between these two types of properties have several criteria. The possession can be divided in two sets of private and non-private properties. In non-private properties only government can access to the possessions.The differences between guardian and ownership can be found in heritage, it means that in ownership the possession can be transfer to the heirs but in guardianship the possession cannot be transfer to this heirs.Key words: Article forty five of the constitution- Governmental properties- public properties- Ownership- Gurdianship