Jurisprudent Consideration of Becoming Spiritual right as Costs and Prohibition of Treatment in them

Subject Areas : All jurisprudential issues

Morteza  Pouyan ¹ (دانشجوی دکتری فلسفه و حکمت اسلامی، دانشگاه تربیت مدرس، تهران، ایران)

Received: 2014-10-15 Accepted : 2014-10-15 Published : 2010-09-23

Keywords: right as concrete objects, right is a kind of authority, legitimacy of sale of rights, prohibition of copy a cd,

Abstract :

right is in common with an effect like authority whether we tell thatright is the same possession or not. And the authority of propertiesin rights is enough to decide that any disposal in the human’s rightproperties ,without taking a permission of its owner,isnotlegitimate. And the spiritual right which don’t exist as concreteobjects in reality of the world and one cannot be possessive of it.but rather it is a kind of intellectual and customary abstractions thatwe can prove it that both could be a cost in a sale even if we doubtin its judgment of legitimacy or non-legitimacy.we can ,on the lawof legitimacy of transfer ,say that the transfer is in the case.The conclusion is: first the owner of right has a kind of authorityaccording to right which belongs to him. And nobody can act on itwithout his permission. For instance without the permission of itsowner nobody have right to publish one’sroyaltyand his scientifictheories or copy a cd secondly the contract of rights in the way ofsale like other contracts are legitimate.