Instable Ownership
Subject Areas : Political and International Researches Quarterly
Keywords: wnership, Instable ownership, Actual Right, Right of Option, Material and legal Possessions,
Abstract :
Abstract In investigation of the articles of civil code and referring to religious contexts, we sometimes meet cases even though a person has ownership right, he is not permitted to do all material and legal possessions in his property. For example, according to article 793 and 794 of civil code, the area of the mortgagor’s material and legal possessions has been limited. Also according to article 460 of civil code the buyer in optional sale despite having the ownership right in the sale goods of the optional sale is forbidden from possessions which are against the seller’s right of option. The cause of these prohibitions is the probability of the extinction of the owner’s right and the existence of a right for another person in that property. Generally, ownership is a stable right but in some cases the characteristic of stability trans to instability and in these cases we face “instable ownership”. This article intends to explain the concept of the instable ownership, the characteristics and some causes of this kind of ownership and the results of it. Key words: Ownership, Instable ownership, Actual Right, Right of Option, Material and legal Possessions
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