The role of prescription rules in the establishment and consolidation of the ownership entity، a comparative study of Islam, Iran and the English Law

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SEDIGHI ALIREZA; Mojtahed Soleimani Abolhasan

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Journal: Comparative Law Researches Year:2020 | Volume:24 | Issue:1 (107) Page(s): 87-122

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Information Journal Paper

Title

The role of prescription rules in the establishment and consolidation of the ownership entity، a comparative study of Islam, Iran and the English Law

Author(s)

SEDIGHI ALIREZA | Mojtahed Soleimani Abolhasan | Issue Writer Certificate

Keywords

PrescriptionQ2

Adverse PossessionQ1

ownershipQ1

Acquisitive PrescriptionQ1

Extinctive PrescriptionQ2

Abstract

In Islamic jurisprudence, the Prescription doctrine did not have much to do with the establishment or consolidation of the ownership entity. Therefore, the adoption of the law of Prescription in contemporary times by the Islamic countries was largely an adaptation from the Western Law. In Iran's civil code, Prescription does not have any effect on the establishment or consolidation of ownership. But the Iranian legislator in the form of public registration of property and property consolidation has inevitably benefited from the Prescription doctrine of purely extinctive type. In Western law, the Acquisitive Prescription is fundamental basis for the acquisition of ownership, and as a result, today, in addition to Western countries and especially English law, the rules of the Prescription have a unique role to play in the establishment and consolidation of the ownership entity at majority of countries in the world. In this research, the role of the Prescription doctrine in the establishment and consolidation of the ownership entity was examined in a comparative manner and the important consequence is that at least in the area of property consolidation, use of Prescription doctrine is inevitable in Iran related Laws.

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APA: Copy

SEDIGHI, ALIREZA, & Mojtahed Soleimani, Abolhasan. (2020). The role of prescription rules in the establishment and consolidation of the ownership entity, a comparative study of Islam, Iran and the English Law. COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), 24(1 (107) ), 87-122. SID. https://sid.ir/paper/395686/en

Vancouver: Copy

SEDIGHI ALIREZA, Mojtahed Soleimani Abolhasan. The role of prescription rules in the establishment and consolidation of the ownership entity, a comparative study of Islam, Iran and the English Law. COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES)[Internet]. 2020;24(1 (107) ):87-122. Available from: https://sid.ir/paper/395686/en

IEEE: Copy

ALIREZA SEDIGHI, and Abolhasan Mojtahed Soleimani, “The role of prescription rules in the establishment and consolidation of the ownership entity, a comparative study of Islam, Iran and the English Law,” COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), vol. 24, no. 1 (107) , pp. 87–122, 2020, [Online]. Available: https://sid.ir/paper/395686/en

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