Examination of the Instances of the Owner's Possessions at the Time of Instable Ownership and the Legal Situation of Them

Subject Areas : Political and International Researches Quarterly

Hamide Rahanjam ¹ , Shaghayegh Jafary ²

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Received: 2020-05-26 Accepted : 2020-05-26 Published : 2020-08-22

Keywords: Instable ownership, Actual Right, Right of Option, Material Possessions, Legal Possessions,

Abstract :

  Hamide Rahanjam[1] Shaghayegh Jafary[2]   Abstract: According to the legal principles, in case of gathering the ownership right with one or more actual right in a property and at the same time, or in the case of gathering the ownership right with the option in a property and at the same time, the area of the owner's possessions becomes limited and the owner doesn't have right to do material and legal possessions which are against the rights exist on the property. In these cases we face "instable ownership". In this article we intend to recognize the instances of the owner's possessions in the time of instable ownership and examine the legal situation of them. This article is written using a descriptive-analytical approach. The main question of this article is: Are owners’ possessions at the time of instable ownership valid or invalid? The hypothesis of this article is: Legal dominations (possessions), prejudicing actual rights of available withdrawal in property are ineffective and material dominations (possessions) prejudicing this right, is prohibited. [1] - Azad University of Takestan, Branch School of Law Faculty and Deputy Director of the Department, [e-mail] [2]- Azad university of Takestan, Branch School of Law Faculty,  [e-mail]