جستجوی مقالات مرتبط با کلیدواژه « Article 45 of the Constitution » در نشریات گروه « فقه و حقوق »

credit can be imagined in public, private and government formats. One of the important types of mines is oil and gas mines, which have been presented with various theories in jurisprudence as well as laws and legal doctrine regarding the ownership of them from the public and private aspects. The present research deals with the structural explanation of the private and public ownership system in the form of oil and gas mines based on jurisprudential and legal foundations by examining jurisprudential and legal documents. The results of this research show that, although the jurisprudential approach and even the laws initially prefer private ownership over public ownership, and with the passage of time and the transformation of oil and gas as one of the national wealth, public ownership has sovereignty over them. In determining the rules governing public wealth, one can pay attention to the attitude of jurists in determining the nature of the relationship between Islamic government and Anfal, and in general, the approach of jurists in determining the nature of the relationship between Islamic government and Anfal can be seen in cases such as: inherent priority or ownership He gave priority to the imam's real person, the possession of the imam, etc.) The research method in this study is descriptive-analytical, and the library method was used to collect the sources.

The Article 45 of the Constitution, in the position of reviving the macro and systematic attitude towards the public wealth of the society and by emphasizing on the jurisprudential teachings of the Imami religion, has provided the public wealth and its examples to the Islamic state. The present study, using library studies and adopting an analytical-descriptive approach, in the position of recognizing the concept of these properties, has reached the conclusion that, contrary to the popular belief, "public wealth" is not merely "Anfal". The properties mentioned in this Article fall into three general categories: "Anfal", "Mobahat" and "User-centric public properties"."Anfal" are the properties belonging to the legal entity of the state and the nature of the state's relationship with them is the relationship of ownership of a legal entity with its properties within its jurisdiction. "Mobahat" are the properties belonging to no particular person and anyone (whether government or other natural or legal persons) can own and exploit them, although the state has the power to impose restrictions on their exploitation. "User-centric public properties" are also those not owned by the legal entity of the Islamic state like Anfal, nor it is possible for individuals to own them, as Mobahat. The administration of these properties, which are permanently allocated for a general or non-restricted purpose, is in the possession of the Islamic state, and their ownership belongs to the legal personality of these properties.