Nature and Characteristics of Permission to Possession

This article examines the legal nature of permission and its characteristics, such as being independent, unilateral, and revocable; and determines the constitutional signified in permission contracts. For this purpose, the nature of Insha (legally-purposed intention) and its elements including intention and consent, and also the role of manner of declaration of intention in realization of the juridical acts were investigated. This study asks whether permission is a juridical act or a juridical fact. The study concludes that permission is merely a declarative intentional fact expressing the inner consent, which cannot create a constitutional nature. Rather, it is the legislator who sanctions the permission of possession in such an event. Because the legal effects do not exclusively flow from juridical acts, and some of these effects originate from juridical facts. On the other hand, it is the intention to initiate that can create a constitutional nature. In permission contract, the intention to initiate legal relations has a constitutional nature such as others’ constitutional ownership, and realizes its constitutional existence.