An Evaluation of Jurisprudence-legal Feasibility of the Workforce Ability as Property in Insolvency Claims

There is no consensus among jurists regarding the ability to work by a free person and whether this ability is considered as real property or not. In this regard, from the point of view of some jurists, the mere ability to work in terms of physical and mental health leads the person not to be considered as insolvency, even if he lacks wealth in terms of tangible property and religious demand. On the other hand, some others do not accept such a view. Because they believe that the ability of a free person to work in a potential way is not considered a property that can be attributed a benefit to its potential physical strength. This view seems to be more acceptable; because the first view considers the ability to work as a property, but, for example, a lawyer who has a lawyer's license, no cases are referred to him for representation, and as a result, he has no income, can this potential ability be considered property? Therefore, this study seeks to identify the best viewpoint in order to implement justice as best as possible, according to the analysis of the above viewpoints in an analytical and descriptive method.