The Principle of Sovereignty and Its Role in Correcting the Newly-Emerged Contracts (With Special Reference to Imam Khomeini's Viewpoints)

Although the Principle of Sovereignty (People have domination over their properties) is very well-known, some researchers, including Imam Khomeini, have cast doubt on it. They argue that this principle is not absolute and cannot be applied to the cases whose possession or permission for their possession is doubtful. Four aspects of the said principle have been studied in this article and through offering a fifth viewpoint attempts have been made to prove that the Lawgiver through stipulating the Principle of Sovereignty of owner over his property, has approved the qualitative and quantitative possession of the owner. However, this sovereignty is suspended and is subject to the cases that the Lawgiver, contrary to the Principle of Sovereignty of the owner, has not applied His sovereignty. One of the valuable results of this viewpoint in law and jurisprudence of transactions is that this principle plays a crucial role in the newly-emerged contracts for whose nullification there is no specific reason.