Compensation for the Right of Specialization and Its Applications

Abstract

The importance of exchange contracts in daily human endeavors is well known, and thus this research aims to address one aspect of them, targeting the question of the validity of compensation for the right of specialization, through the study of some of its jurisprudential applications.

The research discusses a number of terms that are built upon with definition and clarification; such as compensation, right, money, ownership, as well as specialization, along with a discussion on its usage, types, and forms. It then moves on to mention some classifications of rights and ownership, clarifying the differences between their categories; such as the difference between ownership and specialization, and the difference between ownership of benefit and ownership of enjoyment. It then presents ways of compensating for rights, distinguishing between them, concluding with a study of some jurisprudential applications that demonstrate the permissibility of compensating for the right of specialization through waiver, not in the form of sale.