Changes in the absolute nature of private property rights and its impact on the owner's responsibility towards illegal entrants

Document Type : Research Paper

Author

AssociateProfessor of University of Tehran

10.22099/jls.2024.48067.4991

Abstract

One of the challenges of law in every society is to create a balance between conflicting rights and interests. The most important right in the world of law is the right to life. On the other hand, the right to private property of individuals is also one of the fundamental rights of individuals in every society. This article seeks to show how the change of society's view towards the absoluteness of the right to private property and the superiority of the importance of human dignity has led to the change of rulings regarding the possibility of property acquisitions regarding people who enter another property without permission. As a result it should be said: the absoluteness of the right to property, which had peaked since the 17th century, gradually declined due to social pressures since the end of the 19th century, and all kinds of restrictions were imposed on it, and it became a social interpretation. Among these restrictions is that, unlike in the past, when the owner had absolute power in any occupation of his own property, today he is obliged to refrain from doing some dangerous actions even in his own property and take the necessary precautionary measures, and he can no longer Adhering to the rule of dominance and the absoluteness of one's own property, one is generally freed from responsibility towards other people, even if they entered the property illegally.The Islamic Penal Code has also recognized this responsibility of the owner in the last evolution in 2013.

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Journal of Legal Studies

Articles in Press, Accepted Manuscript
Available Online from 25 April 2024

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