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)

  • mohammad bafahm,
  • Azizollah Fahimi

DOI
https://doi.org/10.22054/jplr.2017.10286.1280
Journal volume & issue
Vol. 6, no. 21
pp. 9 – 38

Abstract

Read online

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 . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Keywords