نوع مقاله : علمی پژوهشی
نویسندگان
1 دانشجوی دکترای حقوق خصوصی، دانشکده حقوق، واحد دامغان، دانشگاه آزاد اسلامی، دامغان، ایران.
2 استادیار گروه حقوق خصوصی، دانشکده حقوق، واحد دامغان، دانشگاه آزاد اسلامی، دامغان، ایران.
3 استادیار گروه حقوق خصوصی، دانشکده حقوق، واحد شاهرود، دانشگاه آزاد اسلامی، شاهرود، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
co-ownership is one of the few words that has caused countless challenges and complications to the legal system. An attribute that is specific to the common property, and many lawsuits and petition are owed to it. Therefore, it is necessary to obtain the rules issued by this institution in order to reduce the heterogeneity of judicial views and the validity of issued opinions. Also, the compliance of these rules with American law, which is a member of the common law legal system, doubles its application in judicial procedure. Therefore, by referring to descriptive analytical method and using library resources, a step was taken in this direction And the result of this research was the discovery of innovative rules from the jurisprudence and legal documents of Iran and America, which became a document in the way of solving Iran's judicial challenges. The rule that made its effects fully visible in Iranian law and the enforcement of the legal actions of the partners was derived from it was called the rule of extension of the ownership rights of the partners in the components of the common property. And in contrast to the rule that had a wider scope in American law and considered any use of common property to be subject to the consent of all partners, the rule of restricting usurpation of partners was named. Then, in order to complete these findings, we extracted the rule of sharing the responsibility of the partners, whose legal expression is evident in the issue of managing apartments in both Iranian and American legal systems. We deduced the last rule from the absolute power and authority of permission in civil companies and put many abilities in front of the representatives managing the common property and called it the rule of permissive permission.
کلیدواژهها [English]
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