Thematic Study of Limits of Properties Based on Jurisprudential and Legal Principles with an Emphasis on Imam Khomeini’ s Viewpoints

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Nazemi Ashani Mohammad Hossein

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Journal: Matin research journal Year:2019 | Volume:21 | Issue:84 Page(s): 131-150

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Information Journal Paper

Title

Thematic Study of Limits of Properties Based on Jurisprudential and Legal Principles with an Emphasis on Imam Khomeini’ s Viewpoints

Author(s)

Nazemi Ashani Mohammad Hossein | Issue Writer Certificate

Keywords

LimitsQ1

right of limitsQ1

right of possessionQ1

right of dominant estateQ1

thematic studyQ1

Abstract

thematic study, as a sub-branch of Philosophy of Jurisprudence, is crucially important in jurisprudential understanding of the related issued. The expansion of social relations has caused increased violation of private properties and increased legal complaints necessitate further discussions on Limits of properties. In Islamic jurisprudence, with respect to the principle of no harm as well as logical and consistent usages, Limits are often considered for any immovable property-according to common law-for full usage of the property. In the absence of an opposing rule by legislators, it is thus confirmed. The word “ Limits” has been also used in traditions but no measure has been mentioned for the Limits as is. The only reference relates to the Limits of benefit among the water resources. Given the weakness of the document and the availability of the contradictory deeds, it has not received due attention by the jurists, while some claim it has been issued according to the common law at the time. Therefore, in setting the Limits for a property and with respect to the principle of the absence of (ownership deed or priority), one must refer to the common law in settling the disputes. This will open the way for new applicability.

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APA: Copy

Nazemi Ashani, Mohammad Hossein. (2019). Thematic Study of Limits of Properties Based on Jurisprudential and Legal Principles with an Emphasis on Imam Khomeini’ s Viewpoints. PAZHUHESHNAMEH MATIN, 21(84 ), 131-150. SID. https://sid.ir/paper/93813/en

Vancouver: Copy

Nazemi Ashani Mohammad Hossein. Thematic Study of Limits of Properties Based on Jurisprudential and Legal Principles with an Emphasis on Imam Khomeini’ s Viewpoints. PAZHUHESHNAMEH MATIN[Internet]. 2019;21(84 ):131-150. Available from: https://sid.ir/paper/93813/en

IEEE: Copy

Mohammad Hossein Nazemi Ashani, “Thematic Study of Limits of Properties Based on Jurisprudential and Legal Principles with an Emphasis on Imam Khomeini’ s Viewpoints,” PAZHUHESHNAMEH MATIN, vol. 21, no. 84 , pp. 131–150, 2019, [Online]. Available: https://sid.ir/paper/93813/en

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