نوع مقاله : مقاله پژوهشی
1 کارشناس ارشد حقوق خصوصی
2 استادیار دانشگاه علامه محدث نوری
عنوان مقاله [English]
The exercise of the right to property in Iran’s law is subject to criteria and conditions that have expressed in Article 132 of the Civil Code. According to this article, if the exercise of the right to property is harmful for the others, it must be done in a “reasonable amount” and “in order to meet your needs or disposing of loss”, so that it does not take responsibility for the operator. Today, the proximity of military garrisons with residential properties and their location in cities has raised a debate as conventional or unconventional nature of seizure in garrisons and their responsibility. On the other hand, not responsibility of governing institutions, Article 11 of the Civil Liability Law has immunized the garrisons from harmful acts. The purpose of this study is to investigate the seizure of garrisons in accordance with the provisions of Article 132 and the legal protection legislator from those who are suffered from damage. Investigations show that, with regard to Article 132, and the placement of garrisons in areas with residential construct, seizures in them are unusual, and barracks must be held responsible for their damages.