بررسي حقوقي احتكار و نرخ گذاري

THE LEGAL EXAMINATION OF THE HOARD AND THE VALUATION

The Phenomenon of the hoard is one of the most manifest examples of the violation to the social rights, which in turn has both the injurious consequences and destructive effects. So the governmental system mustnʹt be indifferent towards it. The Islamic ruler should encounter the hoard in both economic and legal contexts. to e faced with the hoard. the governmental system has two significant duties: 1- to compel the hoarder in order to sell the hoarded goods. 2- to punish the hoarder if he or she refrains from selling those goods . Since this question is the question of the conflict of rights - because on one hand, the owner has the right of possession in his or her property and on the other hand, the society mustnʹt be under the economic pressures - therefore the preference would be with one of these two rights. In this research the legal principles and rules of the hoard and valuation will be examined and also with reliance on the opinions and views of foghaha, the reasons and bases of these principles and rules will be discussed. Then we are going to conclude that in cases in which the rights of the owner conflicts with the rights of the society, the priority would be with the rights of the society and consequently the rights of the owner would bd faced with some limitations.