Document Type : Scientific Research

Authors

• omid Mohammadi ¹
• Alireza Mazloum Rahni ²

¹ Ph.D. Student of Private Law, Islamic Azad University, Tehran, Iran

² Assistant Professor of Private Law Department, Islamic Azad University, Tehran, Iran

Abstract

According to several laws, including Article 47 of the Constitution of the Islamic Republic of Iran, as well as Articles 30 and 31 of the Civil Code, the property of individuals is respected, and in Article 22 of the Constitution, the legitimate property of individuals is under the comprehensive protection of the law and immune from attack. In this way, 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. In many cases, the legislator has stated the exceptions to the rule of subrogation, among which we can refer to the laws related to the expropriation of property of individuals or the limitation of ownership of individuals. Since the municipalities, as the trustees of the city and also according to the law, implement most of the laws and regulations limiting property rights that are approved by the legislator, Islamic councils of the city, the Supreme Council of Urban Planning and Architecture, etc. Therefore, according to citizens, municipalities play the biggest role in limiting the exercise of property rights in cities. According to Article 10 of the Law on Organizations and Procedures of the Administrative Court of Justice, it deals with people's complaints against the municipality and, as the case may be, the implementing agencies of negative or limiting ownership laws and regulations, etc. Also, in cases where people claim that the approvals, circulars and regulations of the city's Islamic councils and other competent authorities are in conflict with the law.

Keywords

• Private Ownership
• Concession
• Municipality
• Ownership Determination
• General Board of the Administrative Justicecourt

Main Subjects

• حقوق مدنی