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Limits of private property when implementing public projects in Iranin and French low
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Hasti Rahmati   , Jamshid Mirzaee * , Abdolmohammad Kordi |
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Abstract: (1046 Views) |
Limiting the ownership of individuals in the implementation of approved urban plans is one of the challenging cases in urban planning law. It is obvious that when there is a conflict between two interests, you should choose an interest that includes a larger number of people in the society. Therefore, in the confrontation between private and public interests, priority is given to the public interest, which can be easily justified using general legal rules and principles.
In the current research, the author has investigated the legal rules and regulations and judicial procedure in this field and the challenges in the two legal systems of Iran and France using the library method. What can be inferred from the comparison of the two legal systems and legislative developments in the field of urban planning rights and the institution of expropriation due to public interest is that the said institution has a long history in French law and has gone through many ups and downs, and the judicial procedure in This field has worked much more dynamically and effectively, but Iran's law in this field is younger and does not have the necessary efficiency. Therefore, it is suggested to the legislator, in order to protect the private property of individuals, by taking advantage of the successful experiences of other legal systems, including French law, to enact clear and transparent laws and to consider the guarantee of effective implementation for them, so as to avoid ambiguity and summaries of the law, so as not to witness the mismanagement of some offending institutions.
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| Keywords: : expropriation, public interest, private property, urban plans |
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Type of Study: Research |
Subject:
Special
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