family low
Abbas Mirshekari; Jamshid Zargari
Abstract
The issue of eliminating the effects of usurpation in properties, beyond the past, has turned into a battleground between the principle of property respect and the institution of equity. While the aforementioned principle seeks maximum protection of the rights of the rightful owner and the disciplining ...
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The issue of eliminating the effects of usurpation in properties, beyond the past, has turned into a battleground between the principle of property respect and the institution of equity. While the aforementioned principle seeks maximum protection of the rights of the rightful owner and the disciplining of the usurper, even with good intentions, through the establishment of strict judgments and traditional regulations regarding the institution of usurpation in Iranian civil law, the institution of equity aims to prevent misuse of rights by the owner and the imposition of significant harm on the usurper with goodwill, striving to moderate traditional and strict interpretations. Although initially the institution of equity was manifested in the form of legal texts on civil liability, the turning point in fair efforts comes with the approval of the "Legal Bill on the Removal of Encroachment and Compensation for Damages to Properties, passed in 1358" by the Council of Revolution. In this research, using descriptive and analytical methods and utilizing library resources and judicial procedures, we have sought to examine the quality of mitigating the effects of usurpation in non-past properties, considering the principles of property respect and the institution of equity in the legal system of Iran. It has been observed that, under certain conditions, there are legal capacities for issuing fair judgments that can secure the interests of both the owner and the usurper with goodwill in Iranian law.
Hamzeh Amini; Abbas Mir shekari
abase mirshekari
Abstract
Today, the use of cyberspace has become increasingly common. This space naturally leads to its own legal issues. Undoubtedly, one of the main issues is that, after the death of users, what fate awaits their accounts, and the contents of these accounts? In answering this question: The account ...
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Today, the use of cyberspace has become increasingly common. This space naturally leads to its own legal issues. Undoubtedly, one of the main issues is that, after the death of users, what fate awaits their accounts, and the contents of these accounts? In answering this question: The account belongs to the company that creates it and allows the user to use it only. So, after the death of the user, the account will be lost But information is a creature of the user, so it belongs to him. Some authors compare virtual information with material property and believe that the property will be inherited, like material property, but the fact is that the analogy of material property with the virtual information is contemplating. Material property, less can Reveal the owner's privacy, especially third parties, while the information in the cyberspace is not so. Accordingly, and in the interests of privacy, it appears that the only information that the user publicly publishes and makes available to everybody, as well as those information that is financially valuable, Will be transferred with inheritance. As a rule, other information that discloses of them violates the privacy of the person will be destroyed, However, given that this information will be a valuable source for the future to know about the lifestyles of our people, it can be suggested to the legislator that the virtual information after a long time, is public And made available to the public. key words:
