جستجوی مقالات مرتبط با کلیدواژه "full" در نشریات گروه "فقه و حقوق"

One of the most challenging topics in acquisition of person's real estates is the recognition of full and equal compensation right with the aim of balancing between expropriation and indemnities. In this article, with an analytical-comparative method in Iranian and British law, we response the question of whether full and equal compensation has been identified in these two systems? By what criteria can be maintained the balance between compensation and expropriation? In English law, by accepting to receive full and equal compensation right, it is determined by open market value. Therefore, compulsory occurrence of acquisition, illegal and immoral use by the owner and price increase resulting from legal objectives are not effective. In addition, if the property does not have a market value, an equivalence reinstatement is provided. In Iranian law, a fair value is a suitable criterion for perfect compensation, but the rules for determining it, are not precisely defined, and in addition, different laws have different criteria that may be in conflict with the perfect and equal compensation right. To sum up, accepting the principle of perfect and equal compensation, the lack of effect of the scheme and legal objectives of the acquiring authority and the actions of the owner after the realization of acquisition in compensation and determining the exact time of the assessment are proposed acquisition laws amendments.

For the incumbency of zakāt on a person for a property, several conditions are taken into consideration in Shi’ite jurisprudence, some of which are obliged to the owner of property and others concern to property. For property, being owned by the person is necessary but in some cases, individual ownership has been non-deployed and with the realization of some elements it disappears; such as the wife's ownership of dowry before consummation or customer’s ownership over the object of sale at the time of put option. Jurists, without a clearly articulation of non-deploying of ownership and review of its interference with the ruling, have only discussed on zakāt in some instances of non-deployed property. With assessment of the reasons and statements of the jurists and their analysis it can be concluded that non-deployed property is a concept beyond lack of integrity of the property and non-compliance of capture in terms of involvement in the ruling of the issue; and it is necessary to analyze each of those instances in gaining ownership and power on capture.

During the past few years، the Iranian system of education and research in law has received severe changes، which have seriously damaged this system، and consequently have led to the decline of the Iranian legal system. Some such changes are not limited to law; rather، they are present in other fields of human sciences. This can be partially due to university instructors (e. g.، how they are recruited، promoted، assigned various posts unrelated to academic affairs، etc.)، as well as to the process of admitting university students (e. g.، nationwide and centralized admission of university students which is done sometimes out of the regular rules، without entrance exams، and through admitting large numbers of students at postgraduate levels)، and to educational methods (e. g.، demand for memorizing huge quantities of materials، unfamiliarity of students with legal issues in practice، demand for high scores، etc.)، or to research (insufficiency of original، fundamental studies.