Volume 16, Issue 56 (5-2025)
3 2025, 16(56): 1-19 |
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Mohajeri A R, Ommi A. Conflict of The Rule of Attribution with The Principles of Environmental Law. 3 2025; 16 (56) :1-19
URL: http://jlawst.ir/article-1-1101-en.html
URL: http://jlawst.ir/article-1-1101-en.html
Department of Law, South Tehran branch, Islamic azad University Tehran, Iran
Abstract: (30 Views)
The Rule of Taslit is a cornerstone of Islamic and Iranian property law, granting the owner full control over their property. The research problem arises where this absolute authority conflicts with modern environmental requirements and intergenerational rights. The aim is to clarify the limits of Taslit in light of environmental principles and to identify the jurisprudential basis for the priority of public interest over private ownership. Conducted through a descriptive–analytical method using juristic sources, legal texts, and judicial precedents, the findings demonstrate that the No‑Harm Rule (La Zarar) and constitutional principles (Arts. 40 & 50) restrict absolute proprietorship. The conclusion affirms that Taslit must operate within public welfare and ecological preservation frameworks.
Type of Study: Research |
Subject:
General
Received: 2025/05/14 | Accepted: 2025/06/19 | Published: 2025/06/20
Received: 2025/05/14 | Accepted: 2025/06/19 | Published: 2025/06/20
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