جستجوی مقالات مرتبط با کلیدواژه « مالکیت » در نشریات گروه « علوم سیاسی »

One of the most significant political philosophers who devoted his works to the problem of inequality is the French Rousseau. In his famous article "A Discourse on Inequality", he claims that the first historical cause of inequality is private property. Therefore, this research with the theoretical framework of radical democracy, Moff, tried to answer the question of what theoretical basis is based on Russober's hypothesis. What is Rousseau's solution to get out of the crisis of inequality? The result of this research shows that Rousseau's assumption is in line with the criticism of the teachings of the Catholic Church, Locke, especially in the theoretical criticism of Hobbes in Leviathan. There are three main axes: criticism of the natural state/natural law, strong opposition and weak and the nature of sovereignty is stable, and Rousseau's solution to the crisis of contract relies on freedom, which will lead to the unity of contract.

Following the victory of the Islamic Revolution in Iran, theocracy was introduced. In this research, using the descriptive-analytical method, and the ideas of Islam, the foundations and structure of the religious government are illustrated. In the definitions of government, law making, supervision and implementation are considered as government’s responsibilities. Government requires possession of the wealth of a land and possession of the lives, property and destiny of humans, and possession of anything requires its ownership. According to the Holy Qur'an, God is the creator and owner of the world and human ownership is a credit ownership, as humans do not even have real and absolute ownership over their lives and properties, and their possessions are subject to God's permission. Therefore, God is the ruler and the lawmaker who appoints the executive of the government, which eventually gains recognition by the people.Keywords: God, Government, Possession, Law

The right to stand has different interpretations in different teachings and schools, and based on this, the scope of authority and freedom of action of individuals has a special meaning. The unanswered question is whether the right holder can waive his right. For example, in one example, does the right to life have to do with the right to die? In Islamic teachings, the right to stand does not mean absolute autonomy. It even excludes an individual. The intellect and the Shari'a, as two protectors and even guides of individual freedom, have an important role in restricting the right to stand. In Islamic law, man is in control of himself, in the sense that he is in control of his time and place. , But he can not take his own life voluntarily, so suicide and murder out of pity and the like are illegitimate in principle. Something does not mean having the right to it. In other words, if domination of the soul and body parts is accepted within the religious and legal framework, it does not mean having the right to the soul and the organs of the body. Items such as the principle of real property, the principle of credit ownership, the principle of inherent ownership are referred to in the authors' writings. There is a possibility for criminalizing it based on the teachings of jurisprudence and criminal law. In the present study, it has also been addressed.

The innate and instinctive interest of people in owning achievements and what meets their needs in various fields has led humans to recognize the principle of ownership for a long time. Celestial religions, including Islamic law as the last divine religion, have also signed and affirmed the respect of private property. Islam not only gives people control over their property and gives them various possessions in their property, but also forbids the interference of others in the property of individuals except with their full consent, however, because the ruling body is in charge of the affairs of society and responsible Performing public services and administering justice in society and laying the groundwork for the exercise of individual property. This principle has some limitations and has caused the owner to allow the ruling body in some cases to expropriate in order to exercise social interests. Restrictions on the private property of individuals by the governing bodies can be examined within the framework of the two criteria of "expediency and necessity". Accordingly, the present study seeks to investigate the role of expediency and necessity in the preference of a kind of social ownership over personal property. The results of the study indicate that the need to maintain social order and in the highest horizon of social justice requires that the rule of society,

Property stability has been recognized by important legal systems, however (expropriation), (nationalization), (confiscation of property) are among the exceptions to property consolidation that are the source of the dispute. Apparent conflict of interest of foreign investor And the host government, in terms of compliance with the rule of property stability, pits the two interests of protecting foreign investment and safeguarding national interests. In the present study, appropriate models and solutions to solve possible problems in the field of property stability rule in foreign investment are presented and the main question is what is the property stability rule and how is its basis explained? results show; The rule of ownership stability in attracting foreign investment is very important and considered to the extent that investment security and serious attention to attracting it from abroad will advance the country's industrial projects and increase the reliability of development infrastructure and therefore economic. And it will save the country from various future economic crises in the world, of which poverty and unemployment are the most important indicators in underdeveloped countries. Just as every legal rule has its violations, the rule of property stability is an exception, and in fact it is the determination of the limits of property rights in a way that proves and enforces it that addresses the issue of property stability.

In Article 54 of the Law on Elimination of Barriers to Competitive Production and Upgrading the Financial System of the Country and Subsequent By-Laws, the legislator has delegated broad powers to a body called the "Interference Elimination Commission" its purpose is to eliminate conflicts in the land’s area, establish a single institute for resolving disputes and finally, removing barriers to production and improving the economy, if the land is the subject of a simultaneous dispute between the said commission and the court, some courts, after inquiring about the matter from the commission, will issue a warrant until the outcome of the investigation is determined in the relevant authority, which seems to be a step forward to create the structure of the unit should be in order to resolve disputes in the land’s area. Since the mission of the commission is land dispute resolution and it is assumed that it has the necessary and sufficient expertise and experience in this area, so in case of conflict, it can probably be said that the issue is a case of retrial according to the Code of Civil Procedure.

One of the most important activities of the Ministry of Oil is the discussion of oil contracts, which is of the greatest importance. Determining the legal framework and contractual form of oil contracts determines the principles and rules governing the contract. Principles that can be fully derived from domestic or international legal systems. Even the investment and conduct of oil operations by the private sector, whether domestic or foreign, is done through oil contracts, and given the important role of general rules, contracts in oil contracts must be interpreted according to the general rules governing them, and ultimately the best type of contract. Be. Examination of oil contracts shows that in these contracts, the primary conflict between the interests of foreign oil companies and the national interests of the host country is evident. A proven confrontation that is now moving towards a kind of participation in decision-making and the sharing of profits and losses from activities. Creating a balance between the interests of the host government and international oil companies has always been a factor in reviewing, transforming and innovating in various oil contracts, and in the implementation of these contracts, technology transfer to the employer, contractors, consultants, equipment manufacturers and Iranian universities and management knowledge and technologies. Updates are transferred to Iranian exploration and production companies.

The religion of Islam, while recommending moderation, recommends the establishment of installments and social justice in various ways. In Iranian law, the stability of individual property is protected. Based on the relationship between acquired rights and stability of property, no person has the right to encroach on another's property, and in case of encroachment on another's property, the possessor and aggressor will be prosecuted. The purpose of examining the rule of property stability in foreign investment is to identify the sanctity of property by important legal systems of the world, and in this regard, the views of investable countries and first capital is very important and examines the Constitution of the Islamic Republic and jurisprudential and legal sources. That the stability of property has been considered in Islamic jurisprudence and according to the proposed rules is considered a matter of course and its acceptance in foreign investment is acceptable based on respect for the sanctity of property and the domestic law of Iran, according to it, this case Emphasis added.

Among the issues that have been raised in the field of government ownership in recent years in the iranian legal system is the discussion of the principles and reasons for municipal ownership, which can be discussed in the light of the basic theories of administrative law about the government. The two fundamental theories of public power and public service, which are rooted in french administrative law and, of course, can also be found in islamic law, form the basis of this analysis. The purpose of explaining the present issue is to determine whether the municipality is allowed to own property due to privileges outside of private rights or whether it has such a mission due to serving the people. The research method in this article is descriptive-analytical. The result is that the municipality is allowed to own due to public power, but the purpose of this institution is to serve the people. In fact, public power is a tool that should not be abused and the municipality and the acquiring institutions should use it when necessary and in order to advance the goals of the administration. The goal, however, is to advance the goals of the organization with the aim of providing decent services to the people.

In any legal system, the issue of ownership is one of the most important issues. By recognizing ownership in any legal system, one can know the view of that system on any legal issue. Considering that there are many definitions and descriptions in jurisprudential and legal texts, its importance in the Islamic system can be realized. Since ownership is an issue against usurpation, and when usurpation takes place, the property of individuals is taken away, the purpose of this article is to clarify the necessity and legal importance of ownership and competence in the registration of deeds and instruments. This article gives a full explanation of the issue of ownership, including the definition of ownership, the nature of ownership, types of ownership, and so on. Competence and ownership are legal, jurisprudential, logical and intellectual necessities. The most important factor that prevents the violation of people's rights and preserves their property is the registration of deeds and instruments. However, if the registration is not accompanied by the observance of a set of principles and conditions, it can itself be a cause of conflict and violation of the rights of individuals in society.

Following the changes in the nature of real estate ownership in Article 22 of the Registration Law from the period of its approval in 1310 to the changes in its provisions in 1333, 1351 and finally in 1395 by the Guardian Council, shows a procedure in the legislature. Is that it adapts inflexible logical and legal interests to the interests and conditions of society. Examining the property system of real estate in other countries, it is important to note that in many countries the property system is based on their indigenous background on ownership and its historical course. The most important distinction between ownership attitudes is the authenticity of the registration of immovable property (creative system) or the authenticity of the owner (certification system) at the time of the transaction. However, most of the research conducted by Iranian jurists in relation to Article 22 of the Registration Law only deals with its logical and legal feasibility, according to which less conflicts have arisen and the burden of courts in this field is less and interpretation in This field is minimized. However, considering the background of theoretical issues of property in Islamic jurisprudence and law, the feasibility of the conflict between these documents and official documents has been examined and finally a proposal on proving ordinary documents for ownership; And not merely provide it as evidence for claims other than conflict with an official document.

Television is known as a public broadcaster, and although with the advent of new technologies in the field of media and the emergence of media and social networks, some believe Television popularity has begun to decline, there is still a special place for television and its effective role in facilitating the process of development. The purpose of this study is to examine the functions and ownership of television in developed countries with a focus on Canada and Norway, which have been consistently ranked among the world 10 top prospered countries by Legatum Institute during last decade. The ultimate goal of this study is to examine the approaches of developed communities in the management of the organization and the content of this media and to create an insight in order to improve the functions of national Televison in the development path so that it can be considered as a model for growth and development.

Syria was a safe and normal country, but after Arab spring Syria has been a grand battleground among tens group and state. Destruction of big and old cities and displacement of millions people was the first outcome of this bloody, destructive and long war. Rebuilding of these destructions arising from internal war is a complicated problem now, because funds of state is much limit but measure of breakdowns is unexampled. This research has studied the Al- Asad policy about this problem. According to findings of paper, Damascus has a spatial perception and security policy about rebuilding of internal war destructions. Mechanism and implications of this vision has been analyzed by authors.

With the approval of the Law on Registration of Deeds and Property of the country, the main goal is to register all properties in the property registration office and issue ownership certificates for properties so that while preserving the sovereign rights of the government, the ownership of individuals is stabilized and its transfer is subject to a specific system. And to avoid numerous lawsuits in this regard. In addition, the registration authority and the official ownership of the persons of the registration office. Failure to fully implement the provisions of the Property and Deeds Registration Act in practice and the adoption of other interim laws that were not effective, as well as the legislator's approach in Article 62 of the Law on Permanent Provisions of the Development Plan, caused many disputes between individuals over immovable property Inevitably, it has made the entry of judicial authorities necessary to resolve disputes and issue verdicts. However, the claim for proof of ownership of immovable property is not always a civil lawsuit based on interfaith intercession and in full accordance with the description, and has been brought before the judiciary for other reasons and purposes. The study of these causes and objectives by researching the judicial procedure and the effects of the rulings issued in this regard is the subject of this article.

This article aims to explain as much as possible the views of ShiÝah scholars on the governmental fiqh of Islam and its role in the increase in the financial security in society drawing upon rational and textual arguments. It also makes a comparison between the views of faqihs and the current views in the legal system of other countries making some critical remarks on the legal nature of derelicts and the extent to which each country is capable of running the society in a just manner. From among the hypotheses proposed, the first hypothesis takes precedence over other hypotheses in that, on the one hand, it promotes the efficiency of fiqh in general and of governmental fiqh of Islam in particular, and it is more consistent and in accord with what the early Muslim jurists stated in this regard on the other. And thirdly, it bears similarity to the positive laws of the countries of the world. The hypothesis in question also recognizes abandonment (iÝraÃ) as a factor which brings about the break in the relationship between the ownership of property and the one who owns the property in case a Muslim ruler recognizes it as relevant and as being to the interests of the public.

Freedom is an abstract concept that is more understandable with its constraints. Freedom within the fabric of the Socratic philosophy was just a virtue. In the Christian era, at first, it had a theosophical meaning and then in context of Scholastic era changed, as servant of God. Then in the modern age, it reduced as security and possessive individualism. Analyzing freedom as a discourse, this article shows why and how each concept of freedom has its proper context in history and political philosophy; ancient and modern. Therefore, the unity and uncontested attitude is essentially unconscious and non-historical. By a comparative and analytical method, this article pursues freedom as a discourse through its observation in ancient and modern in western political philosophy, and consequently shows that why and how freedom is a discourse and originally has its own philosophical and historical context; specifically fabricated for its proper society, and is not necessarily comparable in the general form.

One of the most important issues in every system of economy is the question of ownership and the existing approach(es) to it. For it is the structure of ownership that affects on the way in which production, distribution, and consumption is done. It also determines and defines the criteria and standards of each of the three areas mentioned above. ‘Kinds of ownership’ is taken to be one of the most challenging issue in this regard. The fact that the ShiÝi fiqh and hence the judicial system of Iran each has recognized three forms of ownership: private, state and public, and that ownership in Islam and the judicial system of Iran is twofold, that is, there exist two kinds of ownership, are the issues in question. Likewise, the main question in this research seeks to explain why ownership in the Constitution of the Islamic Republic of Iran is taken to be twofold or trifold and to cast light on the jurisprudential approach on which these divisions are made. Drawing upon an analytical approach, the research explores the subject in question, examining the two main ShiÝi viewpoints in fiqh as regards different kinds of ownership and explaining the adopted approach to ownership in the judicial system of Iran. The findings of the research suggest that in ShiÝi jurisprudential (fiqhi) system, the adoption of dual ownership (private and public) is faced with no problem. As far as the Constitution of Iran is concerned, the judicial system of Iran also has taken the same approach. However, this approach is subject to certain ambiguities in relation to laying down some common laws and regulations.

The aime of this article is study legal analysis of securities in value. The kind of rights against securities has positive correlation with economic efficiency. In this article the economic analysis of securities would be focused with a comparative study with common law. Securities cause assets with low liquidity such as land to reshape to valuable symbols. In fact, it is value which is transacted in the economy. Thus, the velocity of their transactions and as a result, the velocity of circulation of money would increase. Consequently if we consider securities as circulating rights i.e. consider them as quasi-negotiable instruments and also by legal support of bona fide purchaser, the transaction costs would decrease.