The possession of modality in property joint
Subject Areas : فقه و مبانی حقوق
Abolfazl
Alishahi
1
(Associate Professor, Farhangian University, Mashhad, Iran.)
Farzaneh
Eskandari
2
(M.A, Faculty of Humanities, yasouj University, Yasouj, Iran.)
Keywords: Property joint, Occupation legaml, firm, Partnership, Occupations material, Occupation,
Abstract :
The joint ownership and how it is formed is one of the important issues in civil law. The Status of the joint would be compulsive and conventional into its own thing or its benefit or everything is owned. For realization of co-ownership it is necessary to assemble and mixture the right of each partner in a specific property. And each partner is entitled in all aspects of the joint property and none of them can deprive the others from the rights. Although the fulfilling of the right is not constant, and partners face to many limitations, and the fulfilling of the right would be according to other partners' will and opinion. So it is said the joint is kind of unperfect ownership. For evaluation of partners' problems and limitations, we can divide the possessions into two types: material and legal that in Iran law in principle legal possessions without partners' permission are correct but material possessions are forbidden due to change of their property. Each partner wants to fulfill the delivery of the joint property or to divide it due to fulfilling of constant right of possession that usually face to limitations and barriers of law and conventionality.
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