Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī (Dec 2017)
THE STUDY OF INCLUSION OF USURPATION LIABILITY TO THE POSSESSIONS OF THE STATE (by looking at jurisprudence)
Abstract
Article 11 of civil liability code has recognized the civil liability of the state , but this article does not explain clearly the realization of usurpation liability . The present study seeks to answer this question that if the state have had illegal domination on others property whether it can realize the usurpation liability ? Some have hesitated about the possibility of usurpation liability to the state and they regarded the analogy of the state possessions with real persons possessions as an irrelevant analogy . In this writing after explaining and examining the basis of the view , in addition , analysis of court judgments we will conclude that there is the possibility of realization of usurpation liability to Illegitimate possessions of the state . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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