نوع مقاله : مقاله پژوهشی
نویسندگان
1 دکترای حقوق خصوصی، دانشگاه علوم و تحقیقات تهران
2 استادیار دانشگاه پیام نور، تهران، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Although taking property from individuals without their consent is illegal, but it is possible to acquire property and land for the implementation of public programs only by observing certain conditions. In the current laws of different countries, the exercise of expropriation by authorities which have the right to compulsory purchase depends on the existence of public interest in the project in question and the payment of previous compensation. The necessity of public interest for compulsory purchase can be considered as one of the general legal principles without it expropriation is illegal. In Iranian law, although apparently this principle is not specified, but since the legislator has made this possible only for the implementation of public purposes and programs, there is no doubt in its acceptance and the guarantee of its implementation is the possibility of revocation of acquisitions. In English law, according to Protocol 1 of the European Convention on Human Rights and Judicial Procedure, the public interest must be respected in the acquisition plans (CPO) and due to the doctrine of ultra virec, acquisition authorities cannot, without the existence of public interest, Take advantage of the compulsory purchasing power. Also, in both countries, the use of public interest for compulsory purchase is not limitless and this depends on the existence of necessity.
کلیدواژهها [English]
)