The Nature of Partition (Division) in the Statute Law of Iran and Imami Jurisprudence

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

ABHARI HAMID; Hosseini Moghadam Sayyed Hassan; Hosseini Moghadam Sayyed Mahdi

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: CIVIL JURISPRUDENCE DOCTRINES Year:2021 | Volume:12 | Issue:22 Page(s): 3-30

Download Full-Text

Persian Verion

View:

731

Download:

Cites:

Information Journal Paper

Title

The Nature of Partition (Division) in the Statute Law of Iran and Imami Jurisprudence

Author(s)

ABHARI HAMID | Hosseini Moghadam Sayyed Hassan | Hosseini Moghadam Sayyed Mahdi | Issue Writer Certificate

Keywords

SeparationQ1

Partition (division)Q2

Shared ownership (equity sharingQ2

Co-ownershipQ1

Joint property)Q2

Partner (copartner)Q2

RegistrationQ2

Abstract

The nature of division was discussed in jurisprudence and law books, but less was said about the nature of partition. Most of the writers in the study of division have also dealt with its nature and because they consider Separation as one of the partitions of division, they have found themselves without the need to express the nature of partition. Recognizing the nature of partition; depending on whether the transaction (sale, exchange, interchange), or discrimination of the right or contract, the effects are different. So, is there a right of pre-emption and options in partition or not? Is it possible to rescind bilaterally (rescission, cancellation of a contract by mutual consent) in partition or not? Will the partition have an effect on the necessity or non-necessity of registering the division letter? The answer to these cases is to identify the nature of partition. In this article, analytically-descriptively, by studying the opinions of jurists (lawyers) and Imami jurists, we will say that the nature of partition into the theory of being a contract in the statute is somewhat more popular among jurists. However, being a contract does not necessarily mean transaction and sale, and there are no special rules of sale, including the right of pre-emption and the options specific to the sale. Naturally, due to the same contractual nature of partition, the possibility of rescission (rescind bilaterally, cancellation of a contract by mutual consent) and applying other options can be imagined and realized in Separation.

Cites

No record.

References

No record.

Cite

APA: Copy

ABHARI, HAMID, Hosseini Moghadam, Sayyed Hassan, & Hosseini Moghadam, Sayyed Mahdi. (2021). The Nature of Partition (Division) in the Statute Law of Iran and Imami Jurisprudence. CIVIL JURISPRUDENCE DOCTRINES, 12(22 ), 3-30. SID. https://sid.ir/paper/391398/en

Vancouver: Copy

ABHARI HAMID, Hosseini Moghadam Sayyed Hassan, Hosseini Moghadam Sayyed Mahdi. The Nature of Partition (Division) in the Statute Law of Iran and Imami Jurisprudence. CIVIL JURISPRUDENCE DOCTRINES[Internet]. 2021;12(22 ):3-30. Available from: https://sid.ir/paper/391398/en

IEEE: Copy

HAMID ABHARI, Sayyed Hassan Hosseini Moghadam, and Sayyed Mahdi Hosseini Moghadam, “The Nature of Partition (Division) in the Statute Law of Iran and Imami Jurisprudence,” CIVIL JURISPRUDENCE DOCTRINES, vol. 12, no. 22 , pp. 3–30, 2021, [Online]. Available: https://sid.ir/paper/391398/en

Related Journal Papers