خلاصة:
One of the important topics in the field of jurisprudence and law is the discussion of possession, which has not yet been discussed comprehensively and accurately. Although this subject has been discussed, they have only settled for presenting generalities regarding it. Given the impact of possession on proving ownership, the possession of permissible items, the necessity of contracts, mortgage contracts, etc., it is necessary to provide a definition that encompasses all instances. This writing examines the definitions of possession and then considers possession as a customary concept that includes assets, rights, and benefits, and possesses material and mental elements.
ملخص الجهاز:
B) Material element: meaning that the property comes under the disposal of the person, and it is not necessary for a specific act to be performed on that property by the possessor (owner), because this act may be indirect; for example, a seller who, despite the occurrence of the contract, has not yet delivered the sold item to the buyer, the protection provided for the sold item by the seller during this period is considered a type of indirect possession.
717 – No. 86) 267 New Period, Year 5, Number 6, Summer 1399 1399 1-2-1- Possession in the terminology of jurists Jurists have stated similar definitions of the meanings of possession in their books, which we will address here by defining some of them: Some state: Possession consists of a person's control and authority over a thing in such a way that, conventionally, that thing is at their disposal and under their control, and they can effect any kind of possession or change in it.
(Safayi, Sayyid Hossein; Persons and Property, Tehran, Mizan Publication, 1383, fourth edition, page 123; and Katouzian, Nasser; Property and Ownership, Tehran, Dadgostar and Mizan Publications, 1378, second edition, page 9; and Imami, Sayyid Hassan; Civil Law, Tehran, Islamic Bookstore, 1373, fourteenth edition, volume 1, page 19) 268 New Period, Year 5, Number 6, Summer 1399 1399 This definition includes both legal possession and illegal (aggressive) possession, whereas, as previously stated, possession is the customary control and authority of a person over property and, depending on the cases, has various external manifestations and must be in such a way that it is valid from a customary perspective.
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