Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Abandoning Real Estate, Properties and It's Consequent Privileges

Document Type : research

Authors
1 PhD student,of Jurisprudence and Fundamentals of Islamic Law, Chalous Branch, Islamic Azad University, Chalous, Iran.
2 Assistant Professor, Islamic Jurisprudence and Law Department, Chalous Branch, Islamic Azad University, Chalous, Iran
10.22034/ejs.2023.412763.1522
Abstract
Background and Aim: Abandonment is one of the jurisprudential rules that is also reflected in subject law of Iran, however it has not been investigated as it deserves. Abandonment is the relinquishment of possesion and if it is not applied within the framework of law, it will create liability. The purpose of present study is to express abandonment of real estate,properties and its  consequent interests in Iranian law.
Method and Materials: The present study is descriptive_ analytical and library method has been used to investigate abandonment of real estate, properties and its privileges.
Ethical Considerations: In present study, text originality, honesty and trustworthiness have been observed.
Findings: Abandonment is not just disposal of disorder properties but it has some requirements, first there should be no legal prohibition for abandonment, second, if someone else has a right to a property, the owner cannot abandon it. As a result, properties and benefits can be realized according to the conditions.
Conclusion: As a result of abandonment, person's ownership of properties is lost and property becomes permissible property. abandonment of benefit and the rights arising from property and real estate are also accepted.
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