Abstract:
Waiver is one of the most important causes of the termination of ownership, and after that, the property returns to the circle of public property and can be owned and used by others again according to legal regulations. This article seeks a comparative study of this legal institution in Iranian jurisprudence and law on the one hand and French law on the other hand, and based on this, various legal aspects of waiver will be examined, and we will see that there are many points of convergence between the aforementioned legal systems, and the most important of them is that in both legal systems, waiver is an act that causes the termination of ownership, and if it is not applied correctly and within the framework of the law, it will create liability.
Machine summary:
A Comparative Study of Waiver in Islamic Jurisprudence, Iranian Law, and French Law Rahim Pilvar Assistant Professor of Private Law, Faculty of Farabi, University of Tehran * (Date of Receipt: 2015/06/28 – Date of Acceptance: 2016/01/25) Abstract Waiver is one of the most important causes of the termination of ownership, and after that, the property returns to the cycle of public property and can be re-owned and used by others in accordance with legal regulations.
In Iranian and French law, waiver is an unilateral act that causes the removal of the owner's ownership of the property, causing the waived property to return to the cycle of public property (in the general sense of the word) and, if it has value, members of society can re-acquire it through possession or revival within the framework of laws.
This article seeks to examine waiver comparatively, on the one hand in Islamic jurisprudence and Iranian law, and on the other hand in French law, in order to enrich the legal literature related to property and ownership law, which is part of the neglected sections of civil law.
It is worth mentioning that in French law, considering ownership as an individual right, there is no doubt about the possibility of waiving the right and its termination immediately upon waiver, and they believe that with the waiver, the property right of the owner is severed with respect to the property (52.
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