Restriction of Private Property Based on Public Interest in Iranian Judicial Law

Subject Areas : Political and International Researches Quarterly

Babak golmoammadi ¹ , Mehdi Falah Khariki ²

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Received: 2020-06-27 Accepted : 2020-06-27 Published : 2020-08-22

Keywords: acquisition, Government, Property Restriction, Public Benefit, Review Authority,

Abstract :

Babak  golmoammadi[1] Mehdi Falah Khariki[2]   Abstract: The issue of government restriction of ownership is important in public law, and judicial procedures and legal theories are the best examples. The present article describes analytical and using a library method to examine the purpose of recognizing Iran's legal approach to the restriction of private property for the public interest, to the main question that the interests of private property and the public interest to the extent of ownership and based on public interest. It has been argued that the benefits of private and public property have been maximized by limiting ownership based on public interest, and that a balance has been struck that the results are an element with which the government can, if necessary, seize private property. The general public and society are concerned with the individual interests of individuals. Theoretical foundations of ownership, as one of the examples of government administrative actions, are based on theory [1] - PhD student in Private Law, Ayatollah Amoli Branch, Mazandaran, Iran [2] - Assistant Professor, Private Law, Islamic Azad University, Amoli Branch, Mazandaran, Iran