نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Among the important issues in public law is the discussion of publicizing lands or, as the French interpret, land delimitation. In different legal systems, the most important reason for the creation of public ownership is that the competent authority of the government determines the land or declares it public or national. This action of the government is not only important from the point of view of public law, but also from the point of view of private property rights and registration law of the origin of the works. This article seeks to examine two important issues. First, what is the nature of the public declaration of lands by the government compared to the issue in private law, and secondly, registration law as between public and private law, what effects and impressions does it see from public announcement. Does the government need ownership documents to verify its ownership, and what will happen to the ownership documents of individuals that previously existed before making them public? This research, which has been carried out by analytical-descriptive method, has briefly reached the following results according to the laws, legal doctrine, opinions of the Supreme Court and the Court of Administrative Justice: First, although public announcement leads to public ownership by the government, it is a sovereign act. Second, because of the sovereignty of the action, firstly, the government does not need an official ownership document and secondly, previously issued and conflicting ownership documents are automatically invalidated and no longer have legal value.
کلیدواژهها English
