نوع مقاله : علمی- پژوهشی
عنوان مقاله English
نویسندگان English
Ownership in legal systems, in addition to conferring rights upon the owner, is invariably accompanied by obligations toward community. Some scholars argue that ownership inherently binds the individual to respect the rights of the community. From this perspective, ownership is not an absolute right; rather, one of its primary functions is the fulfillment of social obligations. Such obligations have manifested themselves in areas such as neighborhood rights, urban planning and land regulations, expropriation of land by the state, intellectual property, environmental protection, and the preservation of historical and cultural heritage, and they continue to expand steadily.The fundamental question, however, is what justifies these social obligations and on what grounds they rest. Legal scholars generally identify three principal foundations: public interest, the social contract, and human flourishing. Adopting a critical approach and relying on library-based research, this study analyzes the theoretical foundations of these social obligations and examines their compatibility with the Iranian legal system. The ultimate aim is to determine the basis upon which social obligations of ownership in Iranian law are established and to identify which of the existing foundations most closely align with it.The findings indicate that the Iranian legal system has adopted a hybrid approach: on the one hand, it emphasizes public interest and collective welfare by highlighting the role of public utility, and on the other, drawing upon Islamic thought, it accords value to human flourishing and perceives the institution of ownership as a means of enhancing human capabilities and potentials.
کلیدواژهها English