نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار گروه حقوق دانشکدۀ علوم اداری و اقتصاد دانشگاه اصفهان
2 دکتری حقوق خصوصی دانشکدۀ علوم اداری و اقتصاد دانشگاه اصفهان
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Right of exploitation is known as one of the individual relationship to property by civil code and is counted endowment and lien contracts as its causes. Analysis of the nature of loan shows that the result of the loan contract is also right of exploitation, although civil code has not considered the contract on side contracts with the right of exploitation. The nature of exploitation right is nothing except credit domination on the right of exploitation and also permission given to the owner in the contract, as dominant the borrower on the right. Article 92 has written of the right by legislator's permission in the exploitation of resources. If we don’t know the loan contract creator, we will be faced with deadlock to determine the type of relationship that comes from it; in that, the 29 article has not predicted relationship except ownership. Revocable of loan contract and binding of lien contract and endowment do not make fundamental difference in the result. Accordingly, irrevocable in the free peace and revocable in the gift will not cause remarkable difference in the result (ownership) of these two contracts. Also famous jurists later have asserted that the result of loan contract is the right of exploitation as general endowment and lien contracts. We should not be wrong about the license of exploitation or charges in legal permission with the right of exploitation in legal or comparative permission in comparative law.
کلیدواژهها [English]
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