The Legal System of Iranian Water Ownership (Looking at French and American Law)

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JAFARI NADOUSHAN A.; SHAHIN A.

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Journal: IRAN-WATER RESOURCES RESEARCH Year:2020 | Volume:15 | Issue:4 Page(s): 282-298

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Title

The Legal System of Iranian Water Ownership (Looking at French and American Law)

Author(s)

JAFARI NADOUSHAN A. | SHAHIN A. | Issue Writer Certificate

Keywords

AnfalQ1

Common Property and Public GoodsQ1

Law of Fair Distribution of WaterQ1

Law of Water and Its NationalizationQ1

MubahatQ1

Abstract

The Iranian civil code under the influence of Fiqh-e-Imamiyyah, accepts the possibility of private ownership of water. Nevertheless, in order to control of overexploitation of water resources The Law of Water and Its Nationalization in 18 July 1968. In this law, while abandoning the private ownership of water, the public ownership of this vital fluid was accepted. In the same way, the concerns of maintaining public and national interests after the Islamic Revolution caused the enactment of article 45 of Constitution. In this article the water was recognized as a public wealth that shall be being at the disposal of the Islamic government to utilize in accordance with the public interest. Afterwards, in order to enforcing of this article, the law of the law of Fair Water Allocation was passed in 7 March 1983 and has stabilized the public ownership of water. The plurality and sometimes the conflicts of the legal texts of this domain has been led to ambiguity of the legal system of ownership of water resources and to disagreements. This article is aimed to examination of legal system of water resources ownership with a comparative study in Fiqh-e-Imamiyyah and French law. The results of this research shows that such as France, the water is a sort of public goods in Iranian law system. Consequently, instead of regarding the law of water as a matter of private law that is able to be a subject of private ownership, it should be considered as a subject of public law.

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APA: Copy

JAFARI NADOUSHAN, A., & SHAHIN, A.. (2020). The Legal System of Iranian Water Ownership (Looking at French and American Law). IRAN-WATER RESOURCES RESEARCH, 15(4 ), 282-298. SID. https://sid.ir/paper/100010/en

Vancouver: Copy

JAFARI NADOUSHAN A., SHAHIN A.. The Legal System of Iranian Water Ownership (Looking at French and American Law). IRAN-WATER RESOURCES RESEARCH[Internet]. 2020;15(4 ):282-298. Available from: https://sid.ir/paper/100010/en

IEEE: Copy

A. JAFARI NADOUSHAN, and A. SHAHIN, “The Legal System of Iranian Water Ownership (Looking at French and American Law),” IRAN-WATER RESOURCES RESEARCH, vol. 15, no. 4 , pp. 282–298, 2020, [Online]. Available: https://sid.ir/paper/100010/en

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