جستجوی مقالات مرتبط با کلیدواژه « مشترکات عمومی » در نشریات گروه « فقه و حقوق »

One of the most important in Islamic jurisprudence, which is also widely used in law today, is the issue of usurpation of property without an owner. Although Article 308 of the Civil Code defines usurpation and Article 311 of the same law stipulates the guarantee of usurpation, these articles are not clear about usurpation of ownerless property. This research investigates the possibility of realizing usurpation and guaranteeing it in case of usurpation of such property.

The method of studying and gathering information and research findings is descriptive-analytical.

Ethical Considerations:

 All ethical principles governing research have been observed in the presentation of this article.

Some people do not consider it possible to guarantee usurpation in such circumstances. This group, referring to the fact that public rights do not have the ability of exclusive acquisition for users and only the right of priority is established in the use of the right, they doubt the possibility of realizing the guarantee of usurpation in relation to the possession of property without an owner, and they believe that the possession of private property and Government property is different in a special sense from possession of public property and commons. This article, while analyzing different and distinct elements and conditions of usurpation, has tried to evaluate the possibility of realizing usurpation and the resulting responsibility in ownerless property such as public property and public commons, and finally examine the usurper's responsibility for the possession of this property.

Based on Article 45 of the Constitution, public waters are considered part of the Anfal, but according to the opinion of the jurists of the Guardian Council that it is against Sharia to count the waters as Anfal, Article (1) of the Law on the Equitable Distribution of Water is set in such a way that public waters are considered part of the commons. he does. On the other hand, the examination of the opinions of jurists and different jurisprudential approaches in the field of the nature of public waters shows that it is possible to pursue different approaches to the exploitation of public waters based on considering public waters as part of public waters. According to the legal status of irrigation rights, the question arises as to what is the optimal jurisprudential approach in the challenges of using rights in public waters. The findings of this research with a descriptive-analytical approach from the base of reference to library sources showed that there are the necessary jurisprudential foundations to consider public waters as enfal, but considering public waters as part of the public commons, as well as the state of their being enfal, the legal confrontation with the rights in Cases such as the definition of the right to irrigation or the legal effects of the reduction of traditional rights by the government in order to modify the pattern of water consumption in the laws of the five-year development plans, should not be based on the argumentative approach of considering public waters, which allows any amount of private ownership in public waters.

Given that waters are part of the debate and the discussions are possessed of the capability, the question arises as to whether public waters are owned by individuals. According to the Water Act and how it becomes nationalized in 1347, the waters of the Maqdah became one of the public property administered by the government. According to some jurists, by the adoption of the Water Nationalization Act on 4/4/1347 Articles 149, the Civil Code has been abolished and the issue of water ownership has been abolished. The general property of the national wealth is a country and belongs to all generations. The economic value of this property first provides special support and maintenance of these property. There are many solutions such as using new technologies, strengthening regulatory agencies, and so on to prevent private people's access to public property and to prevent government and public outsourcing over these property. But one of the most important ways in this regard is to provide legal solutions as a way to solve the roots of problems. In this study, jurisprudential and legal views will be examined and solutions will be provided to solve the legal problems of public water.

In this article, the challenges of identifying rivers as a legal entity in Iran's legal system have been explored, with the aim of creating a context for the protection of rivers, with an emphasis on Imami jurisprudence and Iranian law. The main challenge that motivated this research is the special situation Iran's rivers are facing, which include water scarcity and human encroachment on the river's boundaries. The main question is whether it is possible for rivers to be recognized as legal entities in Iran's legal system so that they can be more widely supported with the help of this method, and what will be the challenges of accepting this point of view in Iranian law? Regarding this challenge, there has been no research background in Iran so far, so the necessity of investigation doubles. In this research, with the descriptive-analytical method, this achievement was achieved that although the social, territorial and critical status of the rivers make this theory acceptable, but there are challenges in this direction that it is possible to accept. This view makes it difficult in Iran's law, including the fact that rivers in Iran's lawThey cannot have rights and obligations, and the mechanism of "enforcement of rights" by rivers is not provided in Iranian laws. The acceptance of rivers as a legal entity requires the strengthening and expansion of theoretical foundations, such as the ability to remove the human-centered nature of current laws, the identification of rights for objects such as rivers, the conceptual development and validity of a legal entity, the feasibility of the independence of rivers.

The law system of water, which in the past was based on customary rules based on private ownership and management of water resources, with its mechanized and uncontrolled exploitation during the last hundred years, has given way to the centralized system of ownership and management of the public sector. Relentless competition from exploiters has been effective but has not led to a reduction in consumption and the rescue of groundwater aquifers. Therefore, the study of the legal system governing water resources in terms of principles, structure, functions and its effects following a review of the relevant laws and regulations in a descriptive-analytical manner and using documentary study tools can lead to pathology of legal governance of water resources. And then, by strengthening the principles and general structure of water legal governance and resolving conflicts of laws, help solutions to improve the legal system governing water and, consequently, the optimal use of this vital resource.Keywords: water ownership, ownership, public

Due to the fact that water is a part of public property and public property can be owned through possession, the question arises whether public water can be owned by individuals or not? According to the water law and its nationalization in 1347, the permitted water became one of the public properties managed by the government. According to the opinion of some lawyers, with the approval of the water nationalization law on 27/4/1347, articles 149 onwards of the civil law have been abolished and the issue of water ownership has been eliminated. Public property is considered the national wealth of a country and belongs to all generations. The economic value of these properties is primarily the cause of special protection and maintenance of these properties. In order to prevent encroachment of private persons on public property and to prevent the encroachment of the government and public persons on this property, several solutions such as the use of new technologies, strengthening of regulatory institutions, etc. are proposed. But one of the most important ways in this field is to provide legal solutions as a way to solve the root of the problems. In this research, jurisprudence and legal viewpoints in this field will be examined and solutions will be presented in order to solve the legal problems of public waters.

Urban space is a very limited element in the present era, and fair use is the special spokesperson for innovation in public areas of architecture and urban planning. By utilizing these provided bases, obtaining a city-wide justice complex, managing and controlling the hotel's construction beyond the conventional limit, is a special property. Managing and controlling this type of space is a drug of late, and consequently, a special kind of personality. With this in mind, you can obtain your rights using this article. By using the evaluated classes, the siege of the brother, the special property, beyond the normal limits of power, first: the property becomes the property and the kind of objective property, not right or interest. Secondly, Pyrrlf's theory of optimum radiation is outside the jurisdiction of the Earth. Third: Decision-making and amended rules are possible with more restrictions, this type of space is among the public property and the commonality of the offerings, as well as the use of common law, non-transferable and any special ownership. building

Water is an example of public property in the Islamic Republic of Iran's law, in the principle 45 of Republic Islamic of Iran’s Constitution and Article 1 of the equitable distribution of waters which is passed in 1361, water is one of the common property that is managed by the government. And use regarding to the public interest. Given that water is part of the lawful and legitimate possession of and is owned by individual or not? regarding to the water law and it nationalism in 1347 the waters turned to be one of the common property that is run by the government some lawyers believe that after passing rules of water nationalism in 1374/04/27 articles 149 of the civil law and so on are obsoleted the management law, the usage of waters needs the government justification. This paper represents some juridical and legal views, regarding to this issue and some solutions to solve common waters legal problems.

Anfal is a general and pervasive term which includes extensive range of properties with different characteristics. Mountains-forests-pastures-waste lands- seas and lakes-mines-oil and gas-animal resource(aquatic or non aquatic)- heritages without heir-booty and ….The question that this article is intended to find complete answer is “what is the special characteristic of Anfal that distinguish them from other properties? what is the determinant criterion of Anfal?” Answering to this question is dependant to explaining the ratio between Anfal and other titles of public ownership. Because pay attention toinstances of other titles of public ownership illustrate some instances of Anfal has described as other public properties. In this research after studying lexical and idiomatic meaning of Anfal we will analyze submitted definitions and then demonstrate that determinant criterion of Anfal is “lack of special owner” and then present comprehensivedefinition of Anfal. In this way we prove that proportion between Anfal and public properties is match and other titles of public ownership are subset of Anfal.