نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشگاه تهران
2 کارشناس ثبت اسناد و املاک
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The right in rem is a power directly imposed on property and, along with the right to do so, forms two branches of the financial rights of individuals in the community. This institution is rooted in Roman law, which has entered into French law and evolved over time and then adapted to the law of Iran. This research tries to first examine the right in rem through a historical study and explain its developments in French law, and then explain how it is introduced and its status in Iranian law. Briefly, as a research achievement, It can be said that in Iran's civil law and civil procedure, the separation of rights in personam and in rem and its effects has been recognized, but due to the fact that this institution is imported," sometimes "three confusions have taken place, or at least the background of this confusion exists: first, confusion between thechose in French law and the ein in feqh, which is both specific and general, and second, confusion between privileges." The ability to exercise "which is specific to objective rights" with the "ability to invoke" which is common between objective and personal rights, the third to consider any claim to immovable property immovable.
کلیدواژهها [English]