Time Review and Its Effects on the Legal Systems of Afghanistan and Iran

Mohammad Yasin Mutawakel,; Ahmad Samadi

doi:10.46896/jicc.v6i02.182

Mohammad Yasin Mutawakel, Lecturer (faculty of law and political sciences) Salam University, Kabul, Afghanistan)
Ahmad Samadi Lecutrer (faculty of law and political sceinces (Salam University, Kabul, Afghanistan) https://orcid.org/0009-0009-1041-282X

DOI: https://doi.org/10.46896/jicc.v6i02.182

Keywords: Possession, Prescription, Deadline, Extinguishment of Rights by Prescription, Acquisition of Rights by Prescription, Suspension of Prescription, Interruption of Prescription

Abstract

The most significant and recent effect of possession is the acquisition of real rights. Ownership through possession is attained over time in immovable properties. The passage of time in possession of real estate constitutes the acquisition of rights; however, the passage of time as a means of extinguishing rights serves as a result of non-claim and non-use of rights for a specified period.

The legal system of Afghanistan has accepted the principle of prescription, while the modern civil legal system of Iran has not embraced the principle of prescription, although in some cases, deadlines are stipulated for claimants to establish their claims. If the claimant does not assert their right within the specified period, their claim is not recognized.

This article critically examines the perspectives of the legal systems of Iran and Afghanistan regarding prescription and comes to the conclusion that accepting the theory of prescription seems more aligned with social order, stability of agreements, logical justice, and fairness, considering its conditions.