The Basis of Forcible and Inalienable Rights

Publish Year: 1401
نوع سند: مقاله ژورنالی
زبان: English
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JR_LEST-7-46_001

تاریخ نمایه سازی: 10 مرداد 1402

Abstract:

The right is one of the most fundamental issues of today and the intellectual concerns of the current generation. Considering the importance and special position of the category of rights and the importance of preserving the rights of others and the human nature that exists to prevent the deprivation and abrogation of rights in the society; The current research has been written under the title of the basis of cancellable and non-cancelable rights. On the other hand, deprivation of rights is one of the important issues that have been considered in jurisprudential and legal discussions and various issues. Although in jurisprudential and legal issues like many other issues such as sales, options, etc. . . We do not see an independent chapter on deprivation of rights, but the footprints of this discussion can be seen in many discussions, and this is not only due to theoretical and scientific necessity, but also due to practical and social necessity that existed and still exists. The method is descriptive-analytical and qualitative in terms of data collection method. The required information is collected through library studies and previous documents and organizational references. The results of this research show that the civil law has answered this issue in Article ۹۵۹. From the concept of this article and other legal articles, it is concluded that a person has the right to deprivation in a partial state. But this is not a rule. That is, we cannot say that every right can be revoked by becoming partial, and perhaps the cases that are interpreted as rights in the law, but despite being partial, do not have the ability to be revoked, the reason for which has been discussed.

Authors

محمدرضا نصرتی

Master of Criminal Law and Criminology, Islamic Azad University, Borujard Branch, Borujard, Iran