the Legal Aspects of Registering the historical Monuments in the National Monuments List

Document Type : Original Article

Author

Associate Prof., Faculty of Law and Political Science, University of Tehran, Tehran, Iran

Abstract

According to the Constitution and the Civil Service Management Law, one of the sovereign tasks of the Islamic Republic of Iran is to protect the country's cultural heritage. One way of preserving this heritage is to record valuable historical and cultural monuments in the National Heritage List. In Iran, we are witnessing a wide variety of laws and regulations regarding the protection and registration of monuments from the date of the Constitutional Court, and so far in our country there is independent research on the legal aspects of the registration of monuments, including the government's obligations, criteria, Its legal steps and effects have not taken place. In this paper, using the descriptive-analytical research method and library data collection method, the question is what are the different legal aspects of registering historical monuments in the National Monuments List? State registration of monuments is one of the responsibilities of the government to execute it through a unilateral administrative decision and through a legal process. Registration of a monument has rights, obligations and restrictions on the holder of a public, public or private registered monument, including on the protection, transfer, removal and export of that monument.

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