جستجوی مقالات مرتبط با کلیدواژه « credit domination » در نشریات گروه « فقه و حقوق »

Right of exploitaitionis known as one of the person's relationship to property by civil code and is counted endowment and lien contracts as causes of it. Analysis of the nature of loan shows that the result of the loan contract is also right of exploitaition, although civil code has not seat the loan contract on side contracts those creator the right of exploitaition. Because the nature of right of exploitaition nothing except credit domination on the right of exploitaition of substance and also permission of owner in the loan contract, is dominant the borrower on right of exploitaition.Article 92 has spoken of the right of exploitaitionby legislator's permission in the exploitaition of resources and common.If we don’t know the loan contract creator of exploitaition, we will be faced with deadlock to determine the type of relationship that comes from it. Because in 29 article has not predicted relationship except ownership and right of exploitaition. Revocable of loan contract and binding of lien contract and endowment do not make fundamental difference in the result of these, as irrevocable in the free peace and revocable in the gift will not cause that these two contracts be different in the result (ownership). Also famous jurists later have asserted that the result of loan contract is the right of exploitaitionas general endowment and lien contracts. We should not be wrong license of exploitaition or charging legal permission that is a charging legal law with right of exploitaitionor correlative permission that is a correlative law.