Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

The Effects of Unauthorized Occupations in the Adjacent Space

Document Type : research

Authors
1 PhD student in private law, Semnan Branch, Islamic Azad University, Semnan, Iran.
2 Assistant Professor, Department of Education, Shahrood Branch, Islamic Azad University, Shahrood, Iran.
10.22034/ejs.2024.457867.1798
Abstract
Background and Aim: Although the legislator has clearly spoken about the right of ownership on the space adjacent to the land, but there are ambiguities in this regard. Based on this, the current research examines the legal system that governs it by examining various dimensions and issues related to the frontier space and the laws governing this space.
Method: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and was done by referring to documents, books and articles.
Materials and Methods: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and was done by referring to documents, books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.
Findings: The set of challenges related to the border area requires that the Iranian legislator take steps to develop a coherent and coordinated legal system by taking advantage of the achievements of other countries to explain the various aspects of the legal system governing the border area.
Conclusion: In practice, it can be seen that there are wide challenges, ambiguities and gaps in the explanation of the principles and foundations governing this legal system and the adaptation of its regulations to these principles and foundations. At the same time, the wide range of legal exceptions has led the legal system governing the frontier space to a direction that is compatible with the allocation of the majority.
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