نوع مقاله : مقاله پژوهشی
1 دانشجوی کارشناسی ارشد معارف اسلامی و حقوق خصوصی دانشگاه امام صادق علیه السلام
2 دانشیار گروه فقه و مبانی حقوق اسلامی دانشگاه امام صادق علیه السلام
عنوان مقاله [English]
The transference of agricultural lands in the form of leases and farm contracts (Mozareh) to others under the Farmer title is common in the Iranian agricultural tradition. In such scenarios, the owner does not take any agricultural actions on this land, and all planting, holding, and harvesting matters are the responsibility of the farmer. According to their contract with the farmer, the owner will receive some products or a certain sum of money. Farming in such lands requires soil strengthening and agricultural land quality increasing. The farmer takes action to strengthen the soil and increase the land quality while the owner has no responsibilities in this field. The considerable cost and effort required for agricultural land strengthening and improvement have made the country's agricultural tradition consider some rights for the farmer. These rights are known as the Farmer's Rights. However, there are some disputes regarding the nature of farmer's rights alongside financial nature or priority rights. On the other hand, these rights are based on unverified jurisprudential and legal principles, while the position of jurisprudence and Iranian law principles towards them is unknown. This issue makes it necessary to study the farmer's rights from the perspective of jurisprudential and legal principles to reach conclusions regarding their financial nature or priority right. Analyzing the farmer's rights and their application in the financial principles in jurisprudence and Iranian law determines that these are financial rights with similar effects. The current study intends to analyze this subject with the library and descriptive-analytical approaches.