FOUNDATIONS OF ABOVERGROUND AND UNDERGROUND OWNERSHIP IN ISLAMIC AND WESTERN LAW

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SALEHI MAZANDARANI MOHAMMAD; MIRZAEI JAMSHID

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Journal: JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW Year:2015 | Volume:2 | Issue:3 Page(s): 101-122

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Title

FOUNDATIONS OF ABOVERGROUND AND UNDERGROUND OWNERSHIP IN ISLAMIC AND WESTERN LAW

Author(s)

SALEHI MAZANDARANI MOHAMMAD | MIRZAEI JAMSHID | Issue Writer Certificate

Keywords

POSSESSION RULEQ1

REVERENCE RULEQ2

COMPLIANCE RULEQ2

NO-HARM RULEQ2

ABOVEGROUND AND UNDERGROUND PROPERTYQ1

Abstract

The ever-increasing expansion of urban societies and shortage of residential lands has caused to be aboveground and underground more valuable than the ground in some cases. This has led to the increasing conflict between individual and public ownership. Studying and analyzing the principles of ownership can reduce to a large extent the conflict between the private owners and custodians of urban affairs. the results of comparing the fundamentals of this type of ownership in Islamic, Iranian law and legal system of property rights in France, England, Germany, Switzerland, Egypt implies that the Controlling(Al-Taslit), Reverence(Ehteram), Compliance (Tabaiiat), Possession(Yad) and No-harm(La-Zarar) Rules are the most foundations of ABOVEGROUND AND UNDERGROUND PROPERTY right. Hence the owner of the land has Possession power on them and this must be honored, as aboveground and underground are land accessories and any person who prevents legal possession of the owner, will be liable to compensate due to the damages.

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APA: Copy

SALEHI MAZANDARANI, MOHAMMAD, & MIRZAEI, JAMSHID. (2015). FOUNDATIONS OF ABOVERGROUND AND UNDERGROUND OWNERSHIP IN ISLAMIC AND WESTERN LAW. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, 2(3), 101-122. SID. https://sid.ir/paper/358952/en

Vancouver: Copy

SALEHI MAZANDARANI MOHAMMAD, MIRZAEI JAMSHID. FOUNDATIONS OF ABOVERGROUND AND UNDERGROUND OWNERSHIP IN ISLAMIC AND WESTERN LAW. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW[Internet]. 2015;2(3):101-122. Available from: https://sid.ir/paper/358952/en

IEEE: Copy

MOHAMMAD SALEHI MAZANDARANI, and JAMSHID MIRZAEI, “FOUNDATIONS OF ABOVERGROUND AND UNDERGROUND OWNERSHIP IN ISLAMIC AND WESTERN LAW,” JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, vol. 2, no. 3, pp. 101–122, 2015, [Online]. Available: https://sid.ir/paper/358952/en

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