The competence of wild animals in Iranian and British law

Document Type : Original Article

Authors

1 Department of Private Law, Kish International Branch, Islamic Azad University, Kish Island, Iran.

2 Department of private Law, Kish International Branch, Islamic Azad University, Kish Island, Iran.

Abstract

Competence means competence to have the right and its actions, which in the division and definitions provided by jurists include two common types: first: the ability to enjoy and second, the ability to resign, is a characteristic of non-possessed wild animals and the animal Wildlife is absolutely and generally the right party and under no circumstances is the right subject because the wild animal has no owner and the custodian of the wild animal, the Environmental Protection Agency does not have the right to sell and trade wildlife, on the other hand the natural rights of wild animals such as: right to life Freedom, evolution, nest and habitat, nutrition and reproduction and the like have been explained by the Shari'a, so it is certain that wild animals have the ability to enjoy and have the right, but the ability to resign and exercise the right is also fixed and certain due to the ability to enjoy. Commitment to an object is commitment to its accessories, and accepting a right requires accepting its accessories and the consequences of that right. Wild animals are equal to human beings in terms of natural rights and are not subject to the right. The issue of being right is only about the domesticated and possessed animal. This research has been done by descriptive-analytical method and the most important outcome and its result is the identification of the institution of competence and stone for wild animals

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