Considering the Principles of Periodic Ownership Legitimacy in Iran's Jurisprudence and Law
Subject Areas : Private law
mojtaba zahedian
1
(واحد مشهد)
mohammadreza yazdani
2
(فردوسی مشهد)
Keywords: Legitimacy, ownership, Elements of Ownership,
Abstract :
Human community progress, population growth, lack of susceptible lands for building(constructing)residential religion without any aggression to nonresidential areas and without any land use change in pilgrimage and tourist places, reduction of ready money and buy power among populace, are all factors that have lead authorities to utilize new established legal constituent of time ownership as a solution for these problems and bound it to time factor for the purpose of getting best results. For this reason and due to the necessity of explaining this kind of possession principals in Iran's law, primary concepts and components of this legal constituent (organization) were investigated in this survey and then they were conformed with current legal principals in our country and also to holy legislator (lawgiver)'s instructions. For this purpose, the pros and cons were presented and compared. The results implied that, to some extent, the way for accepting this new legal establishment in Iran is open because not only opponents have no convincing reasons for their pretensions but also there are some instances of these kind of limitation in common transactions and Islamic contacts. Mentioned reasons and also advantages of this legal establishment, obliged researcher (writer) to present legitimate and theoretic justification for existence of this organization, so different approach for access to these subjects in Iran's law and jurisprudence were investigated. It must be confessed that the main solution for this problem is to approve and execute particular laws and regulations of this kind of possession and it won't obtain without outstanding lawyers' cooperation and rewriting enacted laws. .