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        1 - Jurisprudential-Legal Review of Decision Making Difference Between Apartment Owners and Partners in Joint Ownership
        Seyed Hasan  Hoseini Moghadam Vajihe Rastegari
        Joint ownership means the ownership of multiple persons in one property. According to Article 576 of the Civil Code, the administration of communal property is initially subject to the terms of the agreement between the partners, otherwise the majority opinion cannot be More
        Joint ownership means the ownership of multiple persons in one property. According to Article 576 of the Civil Code, the administration of communal property is initially subject to the terms of the agreement between the partners, otherwise the majority opinion cannot be imposed on the minority. But does the management of the common parts of the apartment, like the common property, require the intervention of all the owners, and in this respect, is there a difference between the possession of the common property and the common parts of the apartment? The law of ownership of apartments does not require the permission of all partners and the decision of the owners of more than half of the relative area of the private parts is mandatory for other occupants of the apartment. Or the permission of each of the common partners is not possible; Moreover, in apartments, due to its special condition and the growing growth of apartment construction, any decision to materially occupy and consequently conclude a contract in order to take the necessary measures for the optimal use and maintenance of the building, in common areas subject to the general rules of common property management in Article 582 BC. It is not and there is no need for the permission of all partners. In practice, the management of apartments is based on principles that come from the management of commercial companies, especially joint stock companies due to its special conditions. This privilege should be applied in the management of other common property that has multiple partners and a majority is expected and necessary changes in law. To occur. Manuscript profile
      • Open Access Article

        2 - Condominium and Joint Ownership in Iranian and French Law
        SH Nikovand
        One of the important issues the general civil practice dealswith is the significant benefits of the joint ownership and its realizedeconomic results. The author has fresh ideas on regarding theownership share regime and right of possession in the orders of thecivil law More
        One of the important issues the general civil practice dealswith is the significant benefits of the joint ownership and its realizedeconomic results. The author has fresh ideas on regarding theownership share regime and right of possession in the orders of thecivil law in Iran. He offers good advices on the matter of exercisingthe right of possession and use by co-owners and the legal regulationswhich contain the legal relationship among the co-owners and alsothe way of obligation. He illustrates important trends that each coownerhas the right to possess and use whole common property,however, none of them shall exercise this right if it adversely affectsothers legal interest. He also emphasizes on the right of the co-ownersof disposition the property share. He documents the French approachon how they regulate this question Manuscript profile
      • Open Access Article

        3 - Ownership and Operation of Oil and Gas Resources in Place in Islamic Jurisprudence
        Abdolrahim Moradi Masoud Reza Ranjbar
        The discussion about possession of oil and gas resources in Islamic jurisprudence may be inquired along with ownership of mines. It is deduced from total votes of the jurists about possession of mines that there are various comments in this regard whether such a possess More
        The discussion about possession of oil and gas resources in Islamic jurisprudence may be inquired along with ownership of mines. It is deduced from total votes of the jurists about possession of mines that there are various comments in this regard whether such a possession is apparent and/ or latent and it will differ if it is assumed as public properties or joint ownerships so these are concerned with ‘Anfal’ and ‘public ownerships. Unlike the well-known impression, through inference from the current criteria for classification of mines in Islamic jurisprudence, oil and gas are deemed as latent mines in terms of change in their substance and application of the subject at present time. The jurisprudential system of exploitation from oil and gas mines will be different whether they are considered as public properties or the joint ownerships. With respect to the interpretation from concept of possession in public properties, such a difference will be further downplayed in this investigation. The mines will be included in administrative possession of Islamic ruler whether they are assumed as public properties or the joint ownerships. And the Islamic ruler may also delegate the mines as copyhold to the competent entities within the framework of the stipulated systems and regulations based on public expediency and interest. Of course, copyhold of mines is employed for permission for use and not for possession. The copyhold of oil and gas mines is maximally beneficent for appropriation in exploitation within definite period of time with possible request for returning them in the case of non- exploitation. Manuscript profile
      • Open Access Article

        4 - The Rejected of Legal Claim Great Britain in the Case of Three Islands in International Forums
        Mahdi Ghorbani Ahmad Bakhshayesh Ardestani Naghi Tabarsa
        Abstract: Iran has been considered by many countries in the transatlantic Due to its privileged status and even regional region, with a long history of Britain with the aim of preserving its most important colony [India] and competing with other colonial powers Includi More
        Abstract: Iran has been considered by many countries in the transatlantic Due to its privileged status and even regional region, with a long history of Britain with the aim of preserving its most important colony [India] and competing with other colonial powers Including Russia and also with the motive of looting of the national and underground capital of Iran, the Persian Gulf region and the Abu Musa Triple Isles, the Great Tunb and the Small Tunb on the basis of the three legal principles of "joint ownership", " No Man’s Land " and the rule of " Prescription " Occupied that he always emphasized the principles of justifying and covering his colonial goals. Meanwhile, the Abu Musa Islands, the Great Tunb and the Little Tunb, have always been under the rule of the Iranian government and have never been idle and abandoned. The UAE's claim of ownership of the three islands as a newly established state and an unceasing and unceasing effort to confiscate the positions and support of regional and trans-regional countries is indicative of the UAE's move towards aggressive diplomacy. Iran can, with a defensive diplomacy approach, reject Britain's legal right to occupy the islands of which the United Arab Emirates has been acting as its agents, to persuade regional and sub-regional states in international fora to emphasize their sovereignty over the islands triple action. Manuscript profile