The rights and duties of private owners of monuments registered in the National monuments list

Document Type : Original Article

Author

Associate Prof., Department of Public Law, Faculty of Law, University of Tehran, Tehran, Iran

Abstract

Today, the right to property is not an absolute right, and the legislature can, for some reason, impose restrictions on the right to property. For example, the requirements of the public interest in the protection of the country's cultural heritage can impose restrictions on the right to property of individuals. The government's registration of people's property in the National monuments list has several legal implications, including the rights and obligations of the owners. In Iran, we are witnessing various and scattered laws and regulations in the field of protection and registration of historical monuments and their legal monuments and so far, no independent research has been done in our country on the rights and duties of private owners of registered monuments. In this paper, this question has been answered using descriptive-analytical research method and library data collection method that what are the rights and obligations of private owners of registered monuments? After registering a monument on the National monuments list, it has received numerous legal protections, including physical and technical protection, and a variety of legal protections, as well as rights, obligations, and restrictions for private owners and occupiers, including protection, restoration, and transfer.

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Main Subjects


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Volume 2, Issue 4 - Serial Number 4
Second year, fourth issue, autumn 2020
November 2020
Pages 11-38
  • Receive Date: 01 May 2020
  • Revise Date: 20 June 2020
  • Accept Date: 26 September 2020