Environmental science and geography

Environmental science and geography

Review of proof of ownership in Iranian and French law

Document Type : Original Article

Authors
1 Master's degree, private law, Yasouj Azad University
2 PhD in Sociology, Assistant Professor at Imam Hossein Afsari University (AS)
Abstract
In many judicial authorities, a lawsuit is raised under the title of "Proof of Ownership" and the courts disagree about its ability to be heard. Some accept this lawsuit and related lawsuits, such as contract enforcement, according to the principle of hearing lawsuits. On the other hand, the order governing the filing of lawsuits, the interest in accepting the lawsuit and its effectiveness, the principle of the establishment of rulings and the necessity of creating a new legal order in the relations of persons are among the reasons that make it difficult to accept a lawsuit to prove ownership and with the accumulation of other reasons. makes it impossible. In our opinion, considering the multiplicity of legal relationships and their complexity, the absolute denial or acceptance of this lawsuit is not correct. Although the principle should be considered as inadmissible, but the ability to file a lawsuit to prove ownership can be defended as an exception and in some special legal situations.
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