The study of the rule unjust possession of property
One of the important and practical rules that is accepted by the most of the legal systems and considered as the cause of commitment is the rule of "unjust possession of property". This rule is included in legal texts under different titles like "unjustified gaining", "unjust gaining" or "unjustified using". This is a general rule that includes all forms of interference in the properties of others and possessing them without any jurisprudential or legal means. The considerable point in the rule is the criterion of unjustness, since some jurists have determined the jurisprudential unjustness as its criterion and confined it to the example of unjust mentioned in the Qur'an and Hadiths, but it seems unreasonable, for unjustness has a wide concept that includes the common unjust. The rule is not explicitly included in the statutes based on the Imamiah jurisprudence. Nevertheless, it is the basis of numerous articles of many statutes including the constitution and the civil code and the legislation has explicitly counted it as one of the causes of commitments. Explaining the importance of the rule as a basis of deduction of prohibition edict in most of the new issues and analyzing the nature of the components of the rule and determining its extension can be counted as the outcomes of the research.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.