Jurisprudence and legal analysis of national lands
Mohammad Hosein Ghanbari
1
(
PhD student in Private Law, Qom Branch, Islamic Azad University, Qom, Iran.
)
Mohammad Mahdi Kariminia
2
(
Assistant Professor, Department of Exegesis and Sciences of the Holy Quran, Khomein Branch, University of Sciences and Education of the Holy Quran, Khomein, Iran.
)
Siamak Ghiasi sarraki
3
(
Assistant Professor, Department of Law, Al-Mustafa Al-Alamiya University, Qom, Iran
)
Keywords: National lands, , , , , Anfal, , , , , restoration, , , , , public wealth,
Abstract :
National lands are one of the most important jurisprudential and legal issues that since a long time ago, jurists have proposed different views about Anfal and types of lands, who do these lands belong to? If the lands are restored by some people, what right will they get? and other topics, all of which have found a special place in jurisprudence and law after the announcement of the nationalization of lands; Because after this announcement, legal restrictions were added to jurisprudential obstacles, and the ownership or priority that was obtained from revival was overshadowed. This article, by referring to jurisprudential and legal sources, presents the opinion of jurists and jurists in the field of reclamation and restoration of lands, especially reclaimed lands, after the announcement of the nationalization of lands (which has received less attention from authors). What is their position? When faced with the principle of land restoration, what procedure did the legislator adopt after it was declared national? Due to the announcement of the nationalization of lands and the order to expropriate the property of individuals, has a wage been considered for the rehabilitators? What is the nature of that ruling? And it comes to this conclusion that if revival has taken place after the declaration of nationalization, the revivalists have no rights, but if it was realized before that, the cases that are mentioned as exceptions in the law will remain in the control of individuals and instead of other cases Except, they are given a wage as a fee, which proves that it is remunerative, and finally discovers that the order to expropriate the property of individuals is different from government orders.