Genealogy of the Property:A Comparative Study in Islamic and Western Law

پژوهش‌نامه حقوق اسلامی (پیوسته)

RAHIM PILVAR¹  mahmud kazemi² 

[1] Assistantprofessor atthe Farabi Campus, University ofTehran;Associateprofessor at the Faculty of Law, University ofTehran;

关键词: property;    thing;    diagnosis criterion;    personal criteria;    customary property;   

DOI  :  10.30497/law.2018.2307

来源: DOAJ

【 摘 要 】

Although the Iranian Civil Code has allocated a considerable part to the “property” and its related issues, the nature, concept, and criterion for knowing it has not been expressed yet. A parallel condition exists in French Civil Code which has been the inspiration of the Iranian Civil Code writers. Western Law has undergone significant changes, specifically in the recent centuries which is worthy of being studied. There is much controversy in Islamic Law (Fiqh) in this area. This article initially tries to  study the concept and elements of the “property” and explain  the criterion  for knowing it in both Islamic and Western Law. And we will prove that the property is a concept of created by law and a “haghighat e orfie, not the law, and the diagnosis criterion is also personal.

【 授权许可】

Unknown