Juridical-Legal Study of the Right of Appropriation

The 'right of appropriation' is one of the important juridical institution which has not been independently discussed in juridical books and only when its instances have been discussed, a brief explanation has been provided for it. Thus, to clarify its legal nature- what kind of right it is-, its causes, rules, and effects, the author has discussed it and come to the conclusion that the right of possession is an objective one; but, since itsrules are different for different subjects, it is not an absolutely objective right. On the other hand it is a right established for a person in an object which is not owned by him, but he is permitted to possess it. Thus, others are not entitled to manipulate that object. The difference between it and the right of exploitation concerns causes and subjects of the two. The most important causes of the right of appropriation are as follows: annexation, planning, revival, and allotment. Rules and effects of the right of appropriation have been considered according to its subjects. Its most important effect is prohibition of other's possession in a subject in which one has the right of appropriation.