Legal Restrictions on the Ownership of Gardens and Agricultural Lands

Document Type : Scientific Research

Authors

Department of Law, Shahr-e-Qods Branch, Islamic Azad University, Tehran, Iran.

Abstract

Numerous legal documents, including Article 47 of the Constitution , as well as Articles 30 and 31 of the Civil Code, respect the property of individuals, and Article 22 of the Constitution considers the legitimate property of individuals to be under the comprehensive protection of the law and immune from aggression.Of course, the sanctity of legitimate ownership is not to the extent that even the legislator cannot be exposed to it.The respectability of private property does not mean its inviolability, and the law does not provide a right for owners to harm others and violate public interests and rights, as well as rights for illegitimate ownership.of property rights have been stated, including the laws, rules, regulations, regulations and directives regarding the preservation and expansion of green spaces and preventing arbitrary cutting in cities, as well as arable and agricultural lands in gardens. and agricultural lands pointed out that private ownership has been limited in line with public rights and interests, and property owners and related institutions are obliged to implement it.Also, in Article 50 of the Constitution, environmental protection is considered a public duty, and efforts to prevent the destruction of trees and green spaces are one of the important challenges that include public interests.
In this research, the nature of gardens, their characteristics and legal effects are examined by referring to library sources with an analytical-descriptive approach, and legal restrictions on the application of property rights in the use of agricultural lands and gardens are examined.

Keywords

Main Subjects


References
Abbasi, Bijan. (2014). Basics of public law. Tehran: Dadgostar Publications. (In Persian)
Ameli, Sheikh Hur. (1993). Vasael  alshia. Volume 8. Qom: Publishing Al albiet. (In Arabic)
Amid Zanjani, Abbas Ali. (2007). The rules of jurisprudence. Tehran: Samt Publication. (In Persian)
Amini, Mansour and Kashani, Sayyed Sadegh. (2017)."Respect for the right to property in fundamental rights". Legal Research Quarterly,
Period 20, Number 79, pp. 171-193. (In Persian)
Ansari, Massoud and Taheri, Mohammad Ali. (2007). Encyclopaedia of private law. third volume. Tehran: mehrab feker Publication. Second edition, (In persian).
Ansari, Sheikh Morteza. (1988). Makasab - armless treatise at the end of Makasab book. Qom: Allameh Publishing. (In Arabic)
Bahrami, Bahram. (2022). Legal and jurisprudential rules. Tehran: Neghah Bayene Publications. (In Persian)
Beheshtian, Seyed Mohsen. (2019). Land cquisition by the municipality. Tehran: Majd publications. (In Persian)
Center for studies and planning of Tehran
city. (2012). Comprehensive plan of Tehran city. Tehran. (In Persian)
Emami, Mohammad and Stevar Sangri, Koresh. (2023). Administrative rights. The first volume. Tehran: Mizan Publishing. (In Persian)
Emami, Seyyed Hassan. (1998). Civil Law. Volume 1 and 2. Tehran: Islamic Publications. (In Persian)
Esmaeilnasab, Hosseion. (2021). "Legal challenges and the need to amend the law on conservation of agricultural and horticultural land use approved in 1385". Journal of Land Management, Volume 8, Number 2, pp. 182-195. (In Persian)
Eta, Ali; Etesam, Iraj and Shahcheragh, Azadeh. (2024). "An Investigation of the Evolution of Approaches of Destruction (case Study: Tehran, 1979-2020)". Manzar Journal, Number 62, pp. 6-19. (In Persian)
Garden and green space protection committee of Health, Environment and Urban Services Commission of Tehran Islamic Council. (2021). Laws and regulations of green spaces and gardens in Tehran. Tehran.( In Persian)
General Department of Tehran Municipality Laws and Regulations. (2014). The set of rules and regulations of municipal action criteria regarding green space. Tehran: Shahr Publishing Institute Printing Center. (In Persian)
Hajzadeh, Hadi. (2014). "Research report on familiarizing with the". Office of Islamic Systemization Studies concepts of public law, examining the concept of "public interest", p.24.
Hashemi, Seyyed Mohammad. (2010). Fundamental rights of the Islamic Republic of Iran (General principles and foundations of the system). The firs volume. Tehran: Mizan Publishing (In Persian)
Hosseini, Seyyed Ebrahim; Raghebi, Mohammad Ali and, Nozari Ferdowsia, Mohammad. (2017). "Analyzing the method of de-conflicting between the rule of subjugation and other related rules in the Constitution of the Islamic Republic of Iran". Islamic government magazine, The twenty-second year, Number 4, pp. 129-156.
https://divan-edalat.ir/
https://rc.majlis.ir/fa/law/show
Iranshahi, Alireza and sheikh Javad. (2013). "Economic analysis of the description of private property". Quarterly Journal of Ideas of private law, first year, Number 1, pp. 9-30. (In Persian).
Jafari Langroudi, Mohammad Jafar. (1993). Legal terminology. Tehran: Ganj Danesh. (In Persian)
Jafari Langroudi, Mohammad Jafar. (2016). Expanded on legal terminology. Volume 2. Tehran: Ganj Danesh. (In Persian)
Kafi, Hossein and Shariati, Saeed. (2013).
Principles of applied jurisprudence- Practical principles and conflict of evidence. The third volume. Qom:  Publications of the research center of the field and university. (In Persian)
Kazatouyan, Nasser. (1999). Obligations
outside the contract- Compulsory guarantee
. first volume. Tehran: Tehran University Publications. (In Persian)
Kazatouyan, Nasser. (2000). Legal events. Tehran: Publishing company. (In Persian)
Kazatouyan, Nasser. (2004). Basics of public law. Tehran: Ganj Danesh. (In Persian)
Kazatouyan, Nasser. (2006). Civil Laws Introductory Course: Property and Ownership. Tehran: Mizan Publishing. (In Persian)
Kazatouyan, Nasser. (2024). Philosophy of law. The frist volume. Tehran: Ganj Danesh. (In Persian)
Kheradmandi, Saeed. (2013). Limitation of ownership. Tehran: Andisheh Asr Publications. (In Persian)
Khoei, Seyyed Bulqasem. (1996). Misbahal-asul. Qom: Publishing Al-DwariSchool. (in Arabic).
Khomeini, Seyyed Ruhollah. (2000). Al-Bai book. Volume 1. Tehran: Imam Khomeini Editing and Publishing Institute) Publishing orog). (in Arabic)
Makarem Shirazi, Nasser. (1990). Al ghavaed alfeghhiye. Volume 2. Qom: Imam Ali Bin Abitalib School. (In Arabic)
Mohaghegh Damad, Seyyed Mustafa. (2012). The rules of jurisprudence- Civil sector. Tehran: Islamic Sciences Publishing Center. (In Persian)
Mohammadi, Abul Hassan. (1995). The rules of jurisprudence. Tehran: Yalda publication. (In Persian)
Mustafavi, Seyyed Kazem. (2018). Jurisprudence rules 2- fifty rules of jurisprudence. Translated by Fahimi, Azizullah. Tehran: Publication of Mizan. (In Persian)
Sadr, Seyyed Hassan. (1985). Takmele amal al amal. Volume 1. Qom: Maktabe Ayatallah al Marashi. (In
Arabic)
Tabatabai Motman, Manochehar. (1997). Administrative rights. Tehran:S Publications. (In Persian)
Valavioun, Reza. (2019). Propertyand Ownership- Civil rights introductory course. Tehran: Mizan Publishing. (In Persian)
Waldron, Jermy. (1998). The Right to Private  Property. Claredon Press, Oxford. P. 38.
Waldron, Jermy. (2010). Property Law in Companian to Philosophy of Law and Legal Theary. Second Edition. Black well[1] Publishing Ltd. P. 9.
www.tehran.ir