نوع مقاله : مقاله پژوهشی
1 عضو هیئت علمی دانشگاه علوم اسلامی رضوی
2 دانشجوی کارشناسی ارشد حقوق خصوصی
عنوان مقاله [English]
One of the very important subjects of the endowment in jurisprudence and law, in regarding to its theoretical and practical aspect, is the right of underwriting or the precession that the person receives an amount as the right of underwriting in exchange of the priority which is created for him in this property and renewing of the lease. In this article we have dealt with the roots of this issue in view of the jurisprudence and law and we have proven that we cannot consider a legal history for the precession and consist it with the land-right in jurisprudence; likewise, consisting it with the right of business and trading or the right of fee for unlocking, whether legal or juridical, is not without difficulty. Thus, to prove its legitimacy we should refer to the Article 10.