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      • Open Access Article

        1 - A Jurisprudential and Legal Study of the Effect of National Lands Restoration
        Abbas Fadaee Moghaddam Mohammad Alemzadeh Javad Niknejad
        The purpose of the present study is jurisprudential and legal investigation of national lands restoration. The method of study is descriptive-analytic and the results indicate that despite different jurisprudential views and legal principles in this regard, the subject More
        The purpose of the present study is jurisprudential and legal investigation of national lands restoration. The method of study is descriptive-analytic and the results indicate that despite different jurisprudential views and legal principles in this regard, the subject of restoration of lands and its effect is an irrefutable issue. The exact time of restoration and its effect on the above resources are unclear. Some jurists have inferred that setting March, the 7th, 1987 as the date of restoration in the single article for resolving disagreements over lands, as the subject of act 26 in the law of sustenance and exploitation as well as the additional note 6 attached to the law of nullification of the documents for selling rental lands, water, and endowed property, has not only decreased but also doubled the confusion in this respect. Reviewing results of different rules in this regard showed that time of restoration and its effect basically date back to the approval date of the Forests and Rangelands Nationalization Act. Manuscript profile
      • Open Access Article

        2 - The role of Istihab in the Issue of National Lands with Emphasis on Pastures and Related Legal Punishments
        Abbas Ghasemei Hamied Eivazei
        The purpose of the present research was to investigate the role of Istihab concerning the national lands with emphasis on pastures and related legal punishments. Istihab is considered as one of the widely used practical principles in the laws of the Islamic Republic of More
        The purpose of the present research was to investigate the role of Istihab concerning the national lands with emphasis on pastures and related legal punishments. Istihab is considered as one of the widely used practical principles in the laws of the Islamic Republic of Iran, which is derived from jurisprudential inferences. Regarding this principle, it can be mentioned to deal with doubts about the ruling for certainty in the implementation of the regulations. According to the principle of acceptance, the Iranian legislator has based the legislative policy on the basis of certainty. Therefore, it is obligatory to use the above-mentioned principle regarding the application of the old ruling over the new one in times of doubt. Accordingly, in the current research, we seek to express this principle in the laws related to dealing with the usurpation of national lands and crimes against it, taking into account the possibility of a person's ownership of the claimed lands. Our method in this article is based on the library method. Manuscript profile
      • Open Access Article

        3 - بررسی فرآیند حقوقی انتقال اراضی ملی به داخل محدوده وحریم شهر
        بابک درویشی مهدی ابراهیمی