Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Usufruct from land and cropping system on owner-farmer relations in Iran's legal system

Document Type : .

Authors
1 Assistant Professor of Private Law, Payam Noor Tehran, Tehran, Iran
2 Master of Private Law, Payam Noor Tehran, Tehran, Iran
10.22034/ejs.2023.369561.1329
Abstract
Background and purpose: Agriculture in Iran has a traditional structure and small exploitation units; As a result, it does not have the ability to provide the minimum food needed by the society. In order to reach a state where the country can export agricultural products and thus be on the path of economic growth and development, one should think about advanced agriculture with economic production. This goal cannot be achieved except by forming large production units and economic scale production units.
Materials and methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Findings: All kinds of agricultural activities including agriculture, animal husbandry, horticulture and industrial activities related to agriculture are carried out in traditional agricultural exploitation units. In today's peasant exploitation units, which are the remnants of the traditional agricultural system, the purpose of production, especially in agricultural and livestock products, is consumption and sale, and in horticultural products, sale and consumption.
Conclusion: Before the implementation of the Land Reforms Law, farmers cultivated on the owners' lands with contracts such as leases and leases or with the owner's permission And with their effort and activity, they devoted themselves to the development and revival of these lands, and following this activity, a right called the right of agricultural development was created for them. This right, which is known by different names, is considered one of the moral financial rights, and since this right is created as a result of the farmer's continuous and long possession of the owner's property, it is similar to the right of business and trade or the right of goodwill in commercial places. So that it can be considered as the right to acquire and be a farmer in arable lands.
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