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- Title
حق االنتفاع اإللكتروني: دراسة فقهية تأصيلية.
- Authors
إياد عبد الحميد ن
- Abstract
The rapid technological advancements of recent times have led to the emergence of a wide range of electronic services in various fields, including commerce, education, health, and social welfare. Consequently, the issue of the right to electronic access has become a pressing concern, requiring a clear understanding of its legitimacy and practical application. This research aims to establish a comprehensive framework for the concept of electronic usufruct, including its definition, legitimacy, and causes, to facilitate its legal recognition and financial implications. The study also examines the relevant provisions governing electronic usufruct, such as usage terms and restrictions, contractual obligations, the protection of electronic usage rights, and cases of termination. To achieve its objectives, the research employed an inductive and analytical approach, drawing on the views of jurists in general usufruct principles and applying these to electronic usufruct issues. The research concludes that the right to electronic use is a specialized form of usufruct that grants temporary ownership of an electronic service, subject to specific conditions. This right is permissible, and its financial value is recognized legally and traditionally, resulting from various factors such as contract, special permission, and job description. The usage conditions can be restricted, and the beneficiary’s right is a trust, not a guarantee, ending with the expiry of the usufruct period or the loss of its cause, and it is not inheritable.
- Publication
Bait Al-Mashura Journal, 2023, Issue 19, p43
- ISSN
2410-6836
- Publication type
Article
- DOI
10.33001/M0104202319/108