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Humanities
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Social Sciences
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New legal studies
Investigating the possibility of committing crimes against property in common property by property partners
Volume 4, Issue 3, 2022-2023, Pages 17 - 24
1 University of Judicial Sciences and Administrative Services of Justice
2 University of Judicial Sciences and Administrative Services of Justice
Abstract :
Abstract According to Article 30 of the Civil Law, anyone can take any possession they want in their property, which is based on the rule of possession; But it is obvious that the limits of these possessions are not absolute and will be effective to the extent that it does not harm another person. This article discusses the possibility of committing crimes against property in common property by a partner in property. The importance of the discussion here is that jurists and jurists have presented different opinions in this regard since long ago. The discussion about the possibility of crimes against property in common property is a subject that has different opinions about it. A group believes that since each partner has ownership rights in any part of the common property, it cannot be considered "other's property" and therefore, no crime has occurred. However, some others believe that even in common property, each partner has rights and responsibilities in proportion to his share and may be harmed, and therefore, there is a possibility of committing a crime in it. In this article, the resulting data are evaluated with the library-documentary method and using the analytical-descriptive method. The findings of this research show that according to the legislative process and the opinions of scholars and jurists, the possibility of committing crimes against property in the common property by the partner, other than the legally authorized cases, according to the principle of legality of crime and punishment, is contrary to the established principles. Criminal law and interpretation are narrow in cases of ambiguities and abstractions. The purpose of this research is to examine different opinions and theories in this regard and to present the inferred results and to examine legal solutions to improve legal ambiguities and gaps.
Abstract According to Article 30 of the Civil Law, anyone can take any possession they want in their property, which is based on the rule of possession; But it is obvious that the limits of these possessions are not absolute and will be effective to the extent that it does not harm another person. This article discusses the possibility of committing crimes against property in common property by a partner in property. The importance of the discussion here is that jurists and jurists have presented different opinions in this regard since long ago. The discussion about the possibility of crimes against property in common property is a subject that has different opinions about it. A group believes that since each partner has ownership rights in any part of the common property, it cannot be considered "other's property" and therefore, no crime has occurred. However, some others believe that even in common property, each partner has rights and responsibilities in proportion to his share and may be harmed, and therefore, there is a possibility of committing a crime in it. In this article, the resulting data are evaluated with the library-documentary method and using the analytical-descriptive method. The findings of this research show that according to the legislative process and the opinions of scholars and jurists, the possibility of committing crimes against property in the common property by the partner, other than the legally authorized cases, according to the principle of legality of crime and punishment, is contrary to the established principles. Criminal law and interpretation are narrow in cases of ambiguities and abstractions. The purpose of this research is to examine different opinions and theories in this regard and to present the inferred results and to examine legal solutions to improve legal ambiguities and gaps.
Keywords :
Keywords: crimes against property, common property, property partner, theft in common property, betrayal of the trustee's trust, partner in property
Keywords: crimes against property, common property, property partner, theft in common property, betrayal of the trustee's trust, partner in property