Volume 7, Issue 1 (2003)
CLR 2003, 7(1): 1-31 |
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Emaniyan F, Shams A, Issaei Tafreshi M. The Interpretation of "Civil Rights" in Civil Act. CLR 2003; 7 (1) :1-31
URL: http://clr.modares.ac.ir/article-20-9621-en.html
URL: http://clr.modares.ac.ir/article-20-9621-en.html
1- Ph. D. Student Privat oflow Tarbiat modarres university
2- Assosiat Professor department of low, shaid Beheshti university
3- Assistant Professor department of low, Tarbiat rnodarres university
2- Assosiat Professor department of low, shaid Beheshti university
3- Assistant Professor department of low, Tarbiat rnodarres university
Abstract: (19301 Views)
Fariborz Emaniyan Ph.D. Student Privat of law Tarbiat modarres University Abdollah shams Assosiat Professor department of Law, Shaid Beheshti University Mohammad Issaei Tafreshi Assistant Professor department of Law, Tarbiat Modarres University The article 959 of civil act of Iran ordains: no one can absolutely devest the right of enjoyment or implementation of the whole or part of civil rights of him/her self Iranian writers of civil law have interpreted the above article in several ways. The difference in opinion, in interpreting the above article among several writers of civil Law is due to the various concepts of "civil rights" prevalent in legal literaturs. Civil rights in its subjective meaning can imply to two categories of individual rights: 1- Relative civil rights means rights and privilages, resulting from governing law over a specific legal situation. 2- Absolute civil rights, means rights and general freedom in relation to human reputation and all human beings solely for being possess it directly, absoluly, human, and without noticeing to another specific legal situation. In current legal literature, this category of rights is also called human being Civil rights. This text tries to show that the term of civil rights (Hooghoogh-emadani) in the above mentioned article and also in the articles 957, 958 and 961 of civil act is used in the meaning of absolute civil rights. Therefore the Iran legislator by emphasising on the human enjoyment of the rights mentioned in the articles 957, 958, 959, 960, and 961 of civil law has announced his support of these rights which are in the domain of Iran private law and with emphasis on the undevestibility of the human rights and freedom whether in general or in particular and though with the person's consent agreement.
Received: 2012/04/30 | Accepted: 2012/04/30 | Published: 2012/04/30
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