Document Type : Research Article
Authors
1 Hassan Ardemeh, PhD Student in Private Law, Razavi University of Islamic Sciences, Mashhad, Iran
2 Gholamreza Yazdani, Associate Professor, Department of Law, Razavi University of Islamic Sciences, Mashhad, Iran
Abstract
Ownership based on time division, known as temporal ownership, is one of the topics of discussion in contemporary law and many researchers acknowledge its acceptance. Legal and jurisprudential arguments show that the acquisition and realization of temporal ownership is possible. After the acceptance of temporal ownership, one of the important issues raised in this regard is the scope of the temporal owner's material possessions and his legal responsibilities and obligations in this regard. There is no unified view among jurists and lawyers on this issue, and the civil law is also silent on this issue.
This research, which is based on an analytical-descriptive method, concludes that the material possessions of the temporal owner have different rulings: the loss or deterioration of the real property without the permission of other temporal owners is prohibited and warranted, and the possessor will be the guarantor of compensation for the damage; while with the permission of all owners, it is correct and without liability. In the possessions that change the real property, if the change is for the necessary repair and improvement of the property, it is permissible and without liability even without permission, but unnecessary repairs or non-corrective changes (if they reduce the value of the property) are prohibited and warranted without permission; otherwise (i.e. without reducing the value or for the purpose of normal benefit) it is considered permissible. In all cases, the presence of the permission of other temporal owners makes the possession absolutely correct and without liability.
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