The Way of Managing the Property of Prisoners in Iranian and Turkish Laws

Document Type : Original Article

Authors
1 Master of Private Law, Department of Law, Faculty of Humanities, Islamic Azad University, Ahvaz, Iran (Corresponding Author)
2 PhD in jurisprudence and private law, Department of Law, Faculty of Humanities, Ahvaz Islamic Azad University, Ahvaz, Iran
3 Master of Private Law, Department of Law, Faculty of Humanities, Islamic Azad University, Ahvaz, Iran
10.22034/lc.2024.475575.1534
Abstract
The purpose of the study is the way of managing the property of prisoners in Iranian and Turkish laws. This research has been written in a descriptive-analytical way, to introduce and clarify the executive function of the civil laws of Islamic countries. Significant similarities are observed in the principles and legal procedures of both countries, this shows the commitment of both countries to protect the interests and rights of the prisoners. Such similarities are based on legal frameworks and regulatory structures, which guarantee the interests of the prisoners in all financial and nonfinancial matters. Property management is one of the topics that is very important in Iranian law and jurisprudence. Among the most important of these cases are the issues related to the role of the guardian in the administration of the restricted property. In Islamic jurisprudence and Iranian law, various aspects of this issue have been studied. With the investigation that was done in the laws of these two countries, the limits of the duties and powers of the compulsory guardian in financial and non-financial matters have been determined, and this is in the best interest of the custodian. Among the main and fundamental similarities between the two countries, we can mention the central role of the court in determining the guardian of the deceased as a judicial supervisor, the observance of the interests of the deceased by the guardians and their protective role, etc.
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