A jurisprudential analysis of legal possessions of property subject to temporal ownership in Imamiyya jurisprudence and Iranian law

Document Type : Original Article

Authors

1 departement of law

2 PH.D student

10.22091/rcjl.2025.13367.1225

Abstract

The issue of temporal ownership is one of the topics that has attracted the attention of researchers and writers today, and many have not hesitated to accept it. An examination of the apparent jurisprudential evidence and legal regulations also confirms the possibility of acquiring temporal ownership. The main challenge of the present study is what is the scope of legal possessions of the temporal owner and the legal status of the guarantee and responsibility for his possessions? There is no uniform view on this issue among jurists and lawyers, and the Civil Code does not have an explicit provision on this issue. The present study, which is based on an analytical-descriptive method, believes that: in legal possessions (transfer of property, transfer of interest, and restricted) that each of the owners of the property, whether the possessor or the non-possessor, performs with respect to his share, which does not contradict the rights of other owners, it is correct in accordance with Article 30 of the Civil Code and obtaining permission from other owners is not necessary. However, in legal possessions by a third party or a non-possessor with respect to the share of the possessor, if it is done with the permission and consent of the possessor, it should be considered correct. However, if the said possessions are made without the permission of the possessor, then these possessions will be intrusive and non-enforceable, which is subject to the permission of the possessor.

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History

  • Receive Date: 18 July 2025
  • Revise Date: 02 November 2025
  • Accept Date: 01 December 2025

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