Enquête sur l&#039;acquisition de terrains et de propriétés situés dans les plans publics et urbains par le gouvernement et la municipalité dans les lois de l&#039;Iran et de l&#039;Angleterre

Mirzaei Rad, Ahmad; Niknejad, Javad

doi:10.22034/mral.2024.2045523.1675

Enquête sur l'acquisition de terrains et de propriétés situés dans les plans publics et urbains par le gouvernement et la municipalité dans les lois de l'Iran et de l'Angleterre

Articles in Press

Document Type : Original Article

Authors

ahmad Mirzaei Rad ¹

javad niknejad ²

¹ phd student of private law, Ayatollah Amoly branch, Islamic Azad University, Amoly, Iran.

² Associate Professor, Department of Private Law, West Tehran Branch, Islamic Azad University, Tehran, Iran.

10.22034/mral.2024.2045523.1675

Abstract

Ownership of rights is a respectable and inalienable right. The sanctity of this right has been noted in the laws of all countries as well as the Universal Declaration of Human Rights, and one of the most important effects of recognizing the right to property is the prohibition of forcing the owner to do something against his property that he does not want. In fact, sometimes the government is forced to use the lands and properties of private individuals without their consent in order to provide public services and implement construction projects, and in legal terms, owns them. Acquisition of lands and properties of private owners for the implementation of public and construction projects is the field of confrontation of private rights in a prominent way, property rights with public interests arising from social needs, and in this confrontation, the right to property as one of the most important human rights in the light of the theories of public interest and Public service and civil rules are ignored. Of course, modern administrative law is based on the balance between the rule of public interest and individual rights; For this reason, the acquisition of people's property by competent authorities requires the establishment and implementation of relevant rules and regulations in order to prevent the abuse of this privilege by the appropriating apparatus and to protect the individual rights of individuals to some extent. Acquisition of lands and properties located in public and urban plans by the government and municipalities is discussed

Keywords

Acquisition

real estate

public projects

government

municipality

Subjects