نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکترای فقه مبانی حقوق اسلامی، واحد مشهد، دانشگاه آزاداسلامی، مشهد، ایران
2 دانشیار گروه فقه ومبانی حقوق اسلامی، واحد مشهد، دانشگاه آزاد اسلامی، مشهد، ایران
3 استادیار گروه فقه ومبانی حقوق اسلامی، واحد مشهد، دانشگاه آزاد اسلامی، مشهد، ایران
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The acquisition of urban land in public law is one of the important issues raised in public law, which is in conflict with the private ownership of individuals.However, institutions such as the municipality sometimes have the possibility of expropriating private property.An important element that makes government institutions able to rely on it to take away private property if necessary is the priority of the public and society's interests over the individual interests of individuals.Based on this, the theoretical foundations of ownership, as one of the examples of administrative actions of the government, is based on the theory of public service, because ownership is realized in the position of eliminating the conflict between collective interests and individual interests, and because of public service, and the application of the preferential rules of administrative law. In possession, this service is also provided on the basis of this. Lawsuits arising from land acquisition are mainly legal, and the authorities for resolving disputes in this field are divided into two categories: specialized authorities and general authorities.The basic question that this research seeks to answer is how can claims arising from the acquisition of land by government institutions be evaluated from a jurisprudential and legal point of view? The research method in this article is descriptive-analytical and the library method was used to collect the sources. The results of this study indicate that from a jurisprudential point of view, private ownership of real estate has been recognized based on the rule of Yad and Qa'id Taslat.
کلیدواژه‌ها [English]
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