نویسندگان
1 دکترای حقوق خصوصی، استادیار دانشگاه آزاد اسلامی واحد تهران شمال، قاضی بازنشسته دیوان عالی کشور و عضو فعلی کمیسیون آیین دادرسی مدنی اداره کل حقوقی و اسناد و امور مترجمین قوه قضائیه
2 کارشناس ارشد حقوق خصوصی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
In former villeinage system, the agricultural lands most belonged to grand landowners, known as lords. But actually the peasant villagers were farming in such lands. Although there wasn’t a precisely clear legal relationship between the lord and the peasant villagers, in most cases it was mainly described as farms and renting. Mainly due to such a relationship and the continuous endeavor of the farmers in such lands, a right has emerged known as Āb-o-Gel or Nasaq (inevitable) right in different areas involved. By virtue of such a right, the peasant villager will be given a priority on the land farming, in a way the owner couldn’t seize the land to have it grown by others. After the death of the farmer, such a right was transformed to his heirs. When the government has strongly determined to eradicate such an old system and implement new laws mainly land reforms since 1341, such a right, farm Nsq, was considered as legal with an official document giving the peasant farmers a right to have the lands on their own afterwards. Having implemented such land reforms, the concept of ownership is understood.
کلیدواژهها [English]