Ownership as a Manner; An analysis of Intangible Properties

Abstract

The ownership is known as most complete right in rem. Imamiyah jurists have presented different approaches and views regarding the truth of ownership according to which most of them are a hypothetical phenomenon. In our opinion, this is due to the mistake of the subject (property) with its rules (rights and duties related to property). In this article, by means of a descriptive-analytical method, we have proved that ownership should not be considered as a hypothetical phenomenon, but as an abstract fact and is theoretically falls within the “category of relative”. A category that has an important place in both classic and modern philosophies. Although this view can be inferred from some phrases OF Mohaghegh Ansari, he has briefly mentioned it and has not revealed its analytical reality. Having economic value and capability to become owned are two issues about transferable rights that have long been questioned by Islamic jurists. However, since the material existence of an object is not necessary to abstract philosophical category of relation, according to our theory in this research and through placing the ownership in category of relation, it is easy to defend the capability of transferable rights such as corporate stocks and, in general, the capability of intangible objects as the subject of ownership.

Keywords

• ownership
• property
• categories
• category of relative
• hypothetical relation
• intangible properties