A Deliberation on the Application of the Legal Principle of Avoidance (I‘rāḍ)

Document Type : Research Article

Author

• ‘Abd al-Ḥusayn Riḍā’ī Rād

10.22067/fiqh.v0i0.9525

Abstract

In this article, aimed at promoting Iranian statutes and increasing their applicatory aspects and for providing more and more financial security of society, the legal rule of i‘rāḍ (avoidance, abandonment) is deliberated on, which is a rule that is not clearly and extensively discussed but is the basis of some rules in Iranian civil law. This has caused some obscurities, and sometimes, hasty decisions in regard to expropriating people’s properties presuming that those properties have been abandoned. The degree of generalizability of the principle of avoidance, how to establish avoidance, the difference between the abandoned property and abandoned and lost property, ineffectiveness of avoidance in case of proprietor’s recourse or the existence of the possibility of recourse (rujū‘), the outcome of avoidance in collective and joint rights, and non-relinquishment of property as a result of avoidance in
immovable properties, are the main issues sought to be explained and proved in this article.

Keywords

• avoidance
• ownership
• relinquishment of ownership
• the legal principle of avoidance

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