Privacy Land for Public Use in Shiite Jurisprudence and Iranian Law
Subject Areas : فقه و مبانی حقوق
Cobra
Abbasi Moqadam
1
(Islamic Azad University
Tehran Science and Reserch Branch)
Cobra
Abbasi Moqadam
2
(مدرس دانشگاه)
Keywords: principle of no harm, boundaries, public lands, public interest,
Abstract :
Private and individual rights is more limited by public rights with development of societies and goverments empowerment, and since the prerequisite of social life is granting some rights to the governer of the society including right of personal ownership to all people benefit from social and public welfare. These relationships must come to order via legal rules and regulations. According to royal rule, the owner has the occupancy right of any kind in his properties, because ownership is an undeniable right which is the focus of different legal systems and then have changed a lot and its current concept is affected by those changes. On the other hand, this domination must not lead to loss and harm to other people.that is, nobody has the right of causing a loss to others. This prohibitions and limitations include either rightful or legal etentits; as a result, the government can not neglect people ownership rights. Eventually, in the conflict between public good and prvaite intrests, public good comes first because of belonging to people of thesociety and the connection to public intrests. Nationalize, confiscate and purchasing estate are most common and important methods of dispossesion by public institutions which have many diffrences in scope, motivation, purpose, and the method of dispossession, yet their basis is providing public good and intrests. In order to fulfill this important matter. To examplify this controvention, we can mention lands and especially about public applications. of course with enacting propper ruls, accurate planning, lawful strategies, public order.
