نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی کارشناسی ارشد، گروه حقوق خصوصی، دانشکده حقوق و علوم سیاسی دانشگاه علامه طباطبائی، تهران، ایران.
2 دانشیار گروه حقوق خصوصی دانشکده حقوق و علوم سیاسی دانشگاه علامه طباطبائی، تهران، ایران
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
In the current basic research, using a descriptive-analytical approach, conducts a comparative study of ownership causes in Iranian and Egyptian law, and Imamiyyah and Sunni jurisprudence (fiqh), employing a library-based method for data collection. Furthermore, article 140 of the Iranian Civil Code, influenced by both Islamic jurisprudence and French law, exclusively states titles about causes of ownership. However, the existence of other unlisted examples has caused ambiguity regarding the causes of ownership creation, as the most complete form of tangible property. Similarly to Iranian Civil Code, the the Egyptian Civil Code specifies the causes of ownership and addresses this issue in a way that seems to impose restriction. In addition, efforts have been made for a long time in both Imamiyyah and Sunni jurisprudence (Islamic fiqh) to introduce these causes. However, the jurists have not reached a consensus about the examples of these causes. Furthermore, the legislators in both Iran and Egypt have attempted to list the causes of ownership comprehensively, yet have failed to achieve this goal and have omitted some examples. For this reason, it will not be possible to rely on the exclusive causes in these laws. In fact, the true examples of ownership causes extend beyond the restriction of statutory law and can be categorized into three types: voluntary causes, involuntary causes, and performance of obligations result in ownership. Each type includes various titles, some of which cannot be interpreted to fit in Article 140, and this issue necessitates either revising or repealing this article.
کلیدواژه‌ها [English]
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