Paper Information

Journal:   PRIVATE LAW STUDIES   FALL 2010 , Volume 40 , Number 3; Page(s) 277 To 296.
 
Paper: 

THE RIGHT OF MINES EXPLOITATION

 
 
Author(s):  KANANI MOHAMADTAHER*
 
* UNIVERSITY OF LORESTAN
 
Abstract: 
The mines are an important section of national heritage and public domain. in legal aspect there are several theories about the mines such as; ownership; public domain and non-proper tier things. some of the Islamic jurists believe mines are ANFAL and others say they are nonproper tier things. although the prohibition or restriction in exploitation of mine is useful because of fairly distribution of incomes and common properties but this approach sometimes leads on obstacle in economical progress. even in common oil mines areas between Iran and neighbors countries. these prohibition and restriction lead to illegal exploitation by foreigner countries and it is harmful for our national interests. in this research, I am going to analyze legal resources and bases for compatibility these two necessities.
 
Keyword(s): MINE, ANFAL, NON PROPER TIER, THINGS, OWNERSHIP, SOVEREIGNTY, APPARENT MINES, NO APPARENT MINES, LICENSE OF EXPLOITATION
 
References: 
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