Property Value Guaranty in the View of Jurisprudence and Iranian Substantive Law

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Baqeri Ali; Azizollahi Mohammad Mahdi

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Title

Property Value Guaranty in the View of Jurisprudence and Iranian Substantive Law

Author(s)

Baqeri Ali | Azizollahi Mohammad Mahdi | Issue Writer Certificate

Keywords

Property Value GuarantyQ1

Property UsurpationQ1

Use ValueQ1

Exchange ValueQ1

Abstract

In the case when someone usurps the property of someone else, prevents the owner from taking possession of his property, or reduces the value of the property by making no changes in it, the issue of deficiency in the value of property in civil liability is raised. According to this study, the value of property can be considered both in terms of "Use Value" and "Exchange Value". Decrease in the Use Value and the price of the property occurs with making changes in or usurpation of the interests or characteristics of the property while the property survives and remains intact. In spite of the controversy in the examples, most of the authors hold that it brings about liability issues and would be guaranteed. In the case of deficiency of the Exchange Value that is affected by supply and demand, most of the jurisprudents do not consider it as guaranteed but this study argues that the verdict of absolute lack of grantee and liability faces some challenges and should be separated. Any great decrease in the value of the property like destroying the property is customarily considered a loss and should be compensated.

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APA: Copy

Baqeri, Ali, & Azizollahi, Mohammad Mahdi. (2019). Property Value Guaranty in the View of Jurisprudence and Iranian Substantive Law. ISLAMIC JURISPRUDENCE RESEARCH, 15(1 ), 141-163. SID. https://sid.ir/paper/372612/en

Vancouver: Copy

Baqeri Ali, Azizollahi Mohammad Mahdi. Property Value Guaranty in the View of Jurisprudence and Iranian Substantive Law. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2019;15(1 ):141-163. Available from: https://sid.ir/paper/372612/en

IEEE: Copy

Ali Baqeri, and Mohammad Mahdi Azizollahi, “Property Value Guaranty in the View of Jurisprudence and Iranian Substantive Law,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 15, no. 1 , pp. 141–163, 2019, [Online]. Available: https://sid.ir/paper/372612/en

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