خلاصة:
Among the topics whose ruling remains silent in our country's legal system is the issue of possession with the permission of the possessor in property under their control. The aforementioned person can legally possess the said property even if they have proceeded to possess the property without any legal authorization. The issue of the civil liability of such a possessor is another matter that requires the attention of the legislator. Furthermore, in general, the discussion of permission and possession in our legal system has not been subject to much reflection and research. Wherever these two subjects have been mentioned, they have been examined from other dimensions. Regarding possession, the civil procedure related to these lawsuits has been addressed. Regarding permission, in addition to the existence of a legal vacuum, theorists and jurisprudential books have also not dedicated an independent discussion to it. Also, the identification of authorized persons from unauthorized persons is a noteworthy matter. Therefore, in the present study, through a comparative study of the legal systems of Iran and England, the points and aspects of similarity and difference between these two legal institutions have been considered. It concludes that accepting certain thoughts, until a suitable law emerges, seems unlikely in the judicial system, unless the judicial system is able to address existing errors by providing an expansive and clear interpretation of the concepts and rules stated and existing in the codified laws.
ملخص الجهاز:
Therefore, in view of the comparative study conducted, in this section an attempt has been made to state the significant cases regarding the mutual duties of the possessor and the authorized persons: In the law of our country, in various cases of damage occurrence, due to the apparent and even explicit provisions of civil liability, the owner of the immovable property is held responsible; however, as has been clarified, immovable property has different aspects and dimensions, such that, besides the case of complete exclusive possession, the aspects of said property by the owner, the possessions of other persons such as the lessee, the depositary, the holder of usufruct rights, etc.
Study of permission in possession in the legal systems of Iran and England / 37 Another important issue is that authorized persons also cannot consider themselves exempt from any duty simply by obtaining the consent of the possessor to be present in the property and benefit from it.
Generally, considering the review of jurisprudential texts and legal books related to Iranian civil law, which emphasize granting a license, removing obstacles, and expressing consent in the definition of permission, and also in the process of applying this legal institution 30 / Legal Studies .
A Study of Permission to Possess in the Legal Systems of Iran and England / List of Sources and References ــ Tavakoli, Ahmad Reza, (2010), The difference between permission contracts and the legal institution of permission, Journal of Islamic Jurisprudence and Law Research, Year 3, Number 5, pp.
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