نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار گروه الهیات، دانشکده ادبیات و علوم انسانی، دانشگاه یاسوج، یاسوج، ایران.
2 حقوق. دانشکده علوم اداری و اقتصاد.دانشگاه اصفهان.اصفهان .ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Time sharing is a subject that today is disputed as contract that can be adapted from western law. Supporters of accepting this contract in Iranian law believe that due to constructive existence(mental existence) of ownership, it can be created temporarily through the mind, while temporary ownership has a history in jurisprudence. But due to the fact that today's custom does not consider the nature of property ownership to include temporal ownership, this mental creation should be considered outside of nature of ownership. So this mental creation will have no effect. In addition, the cases referred to as temporary ownership in jurisprudence are often a type of implicit temporary ownership, which cannot be used to prescribe explicit temporary ownership. But in order to obtain many benefits of this contract, without using this contract completely in Iran's law, similar contracts can be used, such as compromise contract of object and interests . In the form of compromise contract, the ownership of part of the object and benefits of the property are transferred symmetrically to another, are transferred to another. This type of contract has its effects and rules, each of which will be discussed in this article.
کلیدواژهها [English]
