Extraction of the Governing Rules of Civil Tenancy in Common Centered on Resolving Judicial Challenges in Iran, with Reference to U.S. Law

Document Type : Original Article

Authors

1 PhD student in private law, Faculty of Law, Damghan Branch, Islamic Azad University, Damghan, Iran.

2 Assistant Professor, Department of Private Law, Faculty of Law, Damghan Branch, Islamic Azad University, Damghan, Iran.

3 Assistant Professor, Department of Private Law, Faculty of Law, Shahrood Branch, Islamic Azad University, Shahrood, Iran.

Abstract

Tenancy in common is a term that has caused numerous challenges and complications within the legal system. It is a characteristic specific to common property, and many lawsuits and petitions arise because of it. Therefore, it is essential to understand the rules established by this institution to reduce the inconsistency of judicial opinions and enhance the validity of issued rulings. Additionally, the alignment of these rules with American law, which is part of the common law legal system, increases their applicability in judicial procedures. Using a descriptive-analytical method and library resources, this research took a step in that direction. The study uncovered innovative rules from the jurisprudence and legal documents of both Iran and the United States, which serve as a framework for addressing Iran's judicial challenges. One such rule, which has had a significant impact on Iranian law and the enforcement of partners' legal actions, is called the rule of extension of ownership rights of partners in the components of common property. In contrast, American law applies a broader rule, which requires the consent of all partners for any use of common property; this is referred to as the rule restricting usurpation by partners. To complement these findings, we identified the rule of sharing responsibility among partners, which is clearly reflected in the management of apartment buildings under both Iranian and American legal systems. Finally, we derived a rule from the absolute authority of permission in civil companies, granting extensive powers to representatives managing common property. This was termed the rule of permissive permission.

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References

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History

  • Receive Date: 04 November 2023
  • Revise Date: 13 December 2023
  • Accept Date: 17 January 2024

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