جمشید عسگر رمکی

Hoarding is one of the important economic issues that  impacts economic order and stability. In this article, an attempt has been made to examine the examples of hoarding in the light of the government's involvement in the market from a jurisprudential and legal point of view.

The present paper is descriptive and analytical using library method.

Ethical considerations:

 In the present paper, the originality of the texts, honesty, and trustworthiness are respected.

Most of the jurists consider the examples of hoarding to be limited to a few food items because they are essential food items. From the point of view of famous jurists, hoarding is forbidden, and the most important conditions for the realization of hoarding are the detention and storage of goods, the needs of the people, the lack of another seller, and the intention to increase the price. From the legal point of view, hoarding is considered a crime, and keeping it with the intention of increasing the price and monopoly is considered as hoarding. On the other hand, from the perspective of Islam, the government has the right to interfere in the economy and regulate the market in order to achieve justice and fair distribution of facilities and economic order and stability.

If the necessity and need in the society is established, the order to ban hoarding can be extended to all edible and non-edible goods that are necessary for human life today, and all the effects and rulings of hoarding can be arranged on them. In fact, since the government has the right to intervene in the market and the basis for banning hoarding is the essential needs of people's lives and preventing the double increase of prices, therefore, based on the right to intervene in the market, the government can deal with hoarding in order to achieve economic order and give examples of it to generalize other items.

In western Law, especially in French, subrogation has been established for justifying the survival of debt and contract after the death of one of the parties. In other word, when one of the parties to a contract dies, the heir becomes successor of the decedent in both properties and debt. So, in addition to the decedent’s property, his debt is transferred to the heir. Although in Iranian Law the term successor has been used in Civil Law, but there is no a text about its concept and sentences. Legal doctrine influenced by French Civil Law, has accepted it and has analyzed its sentences on this base. But it seems that the principles of this term do not exist in Iranian and Islamic Legal system as it is in the Western Law. This article attempts to analyze the concept and principles of Subrogation in Iranian and French Law through a comparative study.