A REVIEW OF THE JURISPRUDENTIAL RULE OF ABANDONMENT

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REZAEI RAD ABDOLHOSSEIN

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Journal: Islamic jurisprudence Resaerch Year:2017 | Volume:13 | Issue:2 Page(s): 389-412

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Information Journal Paper

Title

A REVIEW OF THE JURISPRUDENTIAL RULE OF ABANDONMENT

Author(s)

REZAEI RAD ABDOLHOSSEIN | Issue Writer Certificate

Keywords

ABANDONMENTQ1

PROPERTYQ1

RULEQ1

OWNERSHIPQ2

JURISPRUDENCEQ1

POSSESSIONQ2

Abstract

This article aimed at improving and promoting substantive law to provide more financial security in society. Making a comparison between the opinions of different Shi' a jurisprudents and the current views in the laws of other countries, the article studies the legal nature of ABANDONMENT RULE and the fate of the PROPERTY of the person who has abandoned it based on rational and traditional evidences as well as jurisprudential and legal methods. Only in the case where the owner possesses a trivial and unimportant PROPERTY and there are sufficient indications that the owner will not return to his PROPERTY and he has permanently abandoned it, his ABANDONMENT leads to the disconnection of the owner and his PROPERTY. This theory can moderate excessive application of this RULE in the society or the possibility thereof and protect the people's properties from irrelevant POSSESSION of the governments with the excuse and the claim of ABANDONMENT. The article also investigates the fate of abandoned PROPERTY in the case of the owner's withdrawing from ABANDONMENT and the difference between desolated and abandoned PROPERTY. In addition, it discusses the position of ABANDONMENT RULE in the Iranian legal system and other legal systems and analyzes the arguments of currents theories in this regard and makes judgments about them.

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APA: Copy

REZAEI RAD, ABDOLHOSSEIN. (2017). A REVIEW OF THE JURISPRUDENTIAL RULE OF ABANDONMENT. ISLAMIC JURISPRUDENCE RESEARCH, 13(2 ), 389-412. SID. https://sid.ir/paper/220994/en

Vancouver: Copy

REZAEI RAD ABDOLHOSSEIN. A REVIEW OF THE JURISPRUDENTIAL RULE OF ABANDONMENT. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2017;13(2 ):389-412. Available from: https://sid.ir/paper/220994/en

IEEE: Copy

ABDOLHOSSEIN REZAEI RAD, “A REVIEW OF THE JURISPRUDENTIAL RULE OF ABANDONMENT,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 13, no. 2 , pp. 389–412, 2017, [Online]. Available: https://sid.ir/paper/220994/en

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