نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه حقوق دانشگاه ادیان و مذاهب
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The institution of family ownership in Arab legal systems, particularly in Egypt, represents an organized form of co-ownership designed to ensure the continuous collective exploitation of family assets and to prevent their premature fragmentation. The necessity of addressing this institution arises from the fact that maintaining property in a state of co-ownership after the death of the decedent, in the absence of clear and efficient regulatory rules, consistently provides a breeding ground for complex legal disputes among co-owners. The lack of explicit recognition of this institution in Iranian law and the research gap regarding the assessment of existing legal rules justify the present study. The main question is: what mechanisms underpin the administration regime of family ownership in Egyptian law, and can its functions be adapted within the framework of Iranian rules? The research employs a descriptive-analytical and comparative method, relying on provisions of the Egyptian Civil Code, legal doctrine, and jurisprudential sources. The findings indicate that family ownership in Egyptian law is not an independent type of property right but rather an organized form of co-ownership. Within the administration regime of this institution, although the general principle is the consensus of co-owners, in ordinary administrative matters, the majority vote based on "share value" prevails. In the event of managerial deadlock, the court has the authority to intervene and appoint a manager; moreover, individual protective measures are permitted subject to the conditions of urgency and proportionality. In Iranian law, despite the absence of an independent legal category, the provisions on partnership in the Civil Code and Article 313 of the Civil Procedure Code (concerning estates) provide the capacity to create a contractual family co-ownership. However, registration and tax obstacles prevent the full realization of this institution. This article offers practical solutions by proposing an amendment to Article 583 of the Civil Code and modifications to registration and tax regulations.
کلیدواژهها [English]
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