The Domain of Presumption of Possession Rule in Derivation and Genealogy with Emphasis on New Medical Technologies in Imami Jurisprudence and Iranian law

The Domain of Presumption of Possession Rule in Derivation and Genealogy with Emphasis on New Medical Technologies in Imami Jurisprudence and Iranian law

Blog Article

One of the crucial reasons for proving a claim, especially in the field of property in Imami jurisprudence here and Iranian law, is the Presumption of Possession rule.In this article, we have tried to prove expand the domain of this rule to genealogy and deviations using a library method.The arguments that prove this are both narrated arguments, including narrations and rational arguments, including the construction of reason.Therefore, just as narrations and the construction of reason can prove the rule of presumption of position in the property, we can also transmit the arguments to genealogy and deviations.Expanding the Presumption of Possession rule to the medical new technologies such as surrogacy and the artificial womb is also discussed.

Also, in many cases that the Farash Rule cannot apply, the Presumption of Possession rule may apply.We proposed that Article 35 of the Civil Code amended as follows: " Possession by the title of ownership shall be read more taken as proof of ownership, and also in deviations and genealogy unless the contrary proved.".