نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار گروه حقوق خصوصی و اسلامی دانشکده حقوق و علوم سیاسی تهران، تهران، ایران
2 دانشجوی کارشناسی ارشد حقوق خصوصی دانشگاه علوم قضایی و خدمات اداری، تهران، ایران.
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
Joint property, is a property that two or more person jointly own each
component. The partner material possessions, even to the extent of his
portion, are subject to permission of others and without it create civil
liability. But, all partner immaterial possessions are valid in relation to his
portion and does not require the permission of others. There is, however,
some debate over the contract of gift; because it is necessary for its
formation, besides the agreement (as immaterial possession), the delivery (as
material possession).
There are two general views on this topic in jurisprudence and Iranian
law. The first view distinguishes between “divisible and indivisible” and also
“immovable and immovable” property and on the basis of this distinction,
rules on the validity of gift on the joint property. Against this view, there is
another belief that it holds that the gift on the joint property to be valid,
without making any distinction between the joint properties. There are, of
course, differences on the quality of joint property delivery. Some insist on
Necessary permission of partners, some believe that the delivery is fulfilled
by eviction the partner, and finally, some with outline the concept of the
immaterial delivery, consider the possibility of donee dominance over the
donated property sufficient. In Iranian law there is no specific provision in
civil law, however, it seems, citing the sufficiency of immaterial domination
for the realization of delivery and not needing the material delivery, validity
of gift on the joint property to be acceptable.
کلیدواژه‌ها [English]
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