The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

The approach of Iran's judicial system to the forced transfer of private properties and lands to executive organization

Document Type : Original Article

Authors
1 PhD student in Private Law, Faculty of Law, Theology and Political Science, Science and Research Unit, Islamic Azad University, Tehran, Iran
2 Associate Prof., Department of Private Law, Faculty of Law, Theology and Political Science, Science and Research Unit, Islamic Azad University, Tehran, Iran
3 Assistant Prof., Department of Private Law, Faculty of Law, Theology and Political Science, Science and Research Unit, Islamic Azad University, Tehran, Iran
10.22034/mral.2023.2014008.1535
Abstract
Throughout the history of human life, one of the most challenging issues related to the ownership of immovable property has been its forced transfer to the government. for protecting the right of individual property, nowdays, in most countries, forced transfer of lands and properties conditions to the government have been systematized in the light of laws and regulations. In Iran's legal system, this issue has been regulated in laws. However, this issue has many challenges for various reasons. For this reason, this article, after examining the conditions of forced property acquisition by the executive organizations, has examined these challenges from the perspective of the Iranian judicial system and its findings indicate forced acquisition by the executive organizations has several conditions, which include: the approved plan, the need of the executive organization, securing the plan's implementation financial credit, the plan's implementation necessity, and the absence of national and state lands. In addition, the property price determination, the delay in property price payment and the delay in the implementation of the project are the most important challenges of forced acquisition in Iran, and part of these challenges are due to the ambiguity in the laws and legal loopholes in this field.
Keywords
Subjects

References
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Volume 6, Issue 21
Sixth year, 21th issue, ّwinter 2025
Winter 2025
Pages 127-151

  • Receive Date 21 October 2023
  • Revise Date 17 January 2025
  • Accept Date 21 November 2023