نوع مقاله : مقاله پژوهشی
نویسندگان
1 حوزه علمیه قم
2 دانشگاه ادیان و مذاهب، قم، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
In Imami jurisprudence, "relinquishment" is recognized as one of the factors leading to the termination of ownership for natural persons; however, its impact on legal entities has received less attention. This research aims to examine the possibility of applying relinquishment to legal entities and analyzes the related juristic evidence, including traditions, the conduct of the Muslim community, and rational principles. The research methodology is based on the analysis of juristic sources and the deduction of existing evidence. The findings indicate that the available evidence—whether traditions or the conduct of the Muslim community—cannot definitively establish the termination of ownership for legal entities due to relinquishment. Rational principles are also subject to doubts and cannot serve as independent proof for this claim. Regarding the ruling on the acquisition of relinquished property by others, it was determined that ownership can only be established for a new person if specific actions such as diving (to retrieve property), reviving land or animals, or performing acts contingent upon ownership (such as selling) are undertaken. In these circumstances, the previous owner no longer retains any rights over the property.
کلیدواژهها [English]
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