Types of Property Rights in Iranian Civil Code with a View to Law of the West

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Mousavi Hashemy Seyed Hassan; PASHAZADEH HASSAN; SAGHIRI ISMAEIL; GHARIBEH ALI

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Journal: JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW Year:2020 | Volume:6 | Issue:4 (22) Page(s): 111-132

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Information Journal Paper

Title

Types of Property Rights in Iranian Civil Code with a View to Law of the West

Author(s)

Mousavi Hashemy Seyed Hassan | PASHAZADEH HASSAN | SAGHIRI ISMAEIL | GHARIBEH ALI | Issue Writer Certificate

Keywords

Civil CodeQ2

RightQ2

ownershipQ2

Corporeal RightQ2

Contractual RightQ1

Abstract

The Civil Code which is considered to be the most significant source of Rights of individuals in Iranian legal system has paid a special attention to Right in its particular meaning (property Rights) and its classifications. Most of the authors have dealt with the imported classification of Rights (corporeal Right, incorporeal Right and spiritual Right) and mistakenly have attempted to interpret the Civil Code and comparing it with the aforementioned classification. This fact necessitates studying the classification of Right in the view of the Civil Code. The question which could be asked here is that on what grounds and how the Iranian Civil Code has classified financial Rights? In achieving the answer of the said question, this article, through using a descriptive-analytic method, firstly analyzes and critiques the common classification of Rights as an imported classification and with a view to law of the west as the source of the classification. Thereafter, the basis and howness of this classification in accordance with the Civil Code is explained. Consequently, it becomes clear that the common classification of Rights is not compatible with that of Civil Code and the Iranian Civil Code has classified Rights based on their subjects: the Rights which their subject is property in its narrow sense (corporeal Right) and the Rights which their subject is human act or property in its broad sense (contractual Right).

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APA: Copy

Mousavi Hashemy, Seyed Hassan, PASHAZADEH, HASSAN, SAGHIRI, ISMAEIL, & GHARIBEH, ALI. (2020). Types of Property Rights in Iranian Civil Code with a View to Law of the West. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, 6(4 (22) ), 111-132. SID. https://sid.ir/paper/262180/en

Vancouver: Copy

Mousavi Hashemy Seyed Hassan, PASHAZADEH HASSAN, SAGHIRI ISMAEIL, GHARIBEH ALI. Types of Property Rights in Iranian Civil Code with a View to Law of the West. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW[Internet]. 2020;6(4 (22) ):111-132. Available from: https://sid.ir/paper/262180/en

IEEE: Copy

Seyed Hassan Mousavi Hashemy, HASSAN PASHAZADEH, ISMAEIL SAGHIRI, and ALI GHARIBEH, “Types of Property Rights in Iranian Civil Code with a View to Law of the West,” JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, vol. 6, no. 4 (22) , pp. 111–132, 2020, [Online]. Available: https://sid.ir/paper/262180/en

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