نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار گروه حقوق مالکیت فکری، دانشگاه قم، قم، ایران
2 استادیار گروه فقه و مبانی حقوق، دانشگاه مازندران، مازندران، ایران
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
one of the most important articles of civil law in iran is article 140, which belongs to the domain of self - possession and property. in this article, it has been mentioned in both legal and legal procedure. legal action in this article includes a contract, ایقاعات, obligations and legal event to one item. therefore, legislator refers to the acquisition of land reclamation as well as the حیازت of objects, as well as the contract and obligations of other things. in addition to شفعه and inheritance, in an exclusive use of the civil code, in contrast to the two previous paragraphs that were generally included. according to the importance and necessity of نوپیدا topics in the present age, such as intellectual works and the ownership of owners of these works, the attention and recognition of elements that express the subject and involved in حکم‌اند are indispensable to achieve the goal. Hence, vocabulary such as property, property, and right to comparative study is placed to place the emerging issues in its position. by examining the viewpoint of فقیهان and jurists the result of the study showed that first with proving the right and property of intellectual works by some reasons such as سیره عقلا and secondly, by canceling the property in the case of sale of بیع to other items of sale, including the sale of interest and sale of rights by the right of abu برده بن, the sale of intellectual works. also in the case of loss of owner from his intellectual works in the case of authorization, according to the سکونی narrative and by the cancellation of the description of
کلیدواژه‌ها [English]
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