The Matter of Depth and Space around the Ground in terms of ‘Physical Goods’, ‘Right’ and ‘Benefit’

Providing the Conditions for more utilization authority in the depth and space of the ground has provided the background for asking questions concerning legal ownership. One of the most important questions is that whether the depth and space of the ground, regardless of its surface, can be transferred to others in the form of contracts or unilateral obligations. The present study seeks to find an answer for determining how to transfer in from of legal actions which being physical goods (ʻAyn) is a non-gratuitous condition in them. In this regard, given the fact that most of the legal actions are such that being physical goods is a non-gratuitous condition in them such as transaction and renting, the matter of the depth and space around the ground has been examined in terms of ‘being physical goods’, ‘right’ and ‘benefit’, finally, being ‘physical goods’ of that accepted and also being ‘right’ and ‘benefit’ of that rejected. As a result, the depth and space around the ground can be transacted independently in those transactions that according to jurisprudential standards the condition of object of sale is to be physical goods and it has involved in it.