Making Limitations on Private Ownership in Implementation of Public Plans and Compensation Arising there from in the Iranian and British Legal Systems
Social life requirements prompt legislators to impose limitations on and even forevlose private ownership under certain circumstances, based on the public power of State institutions and for public interest; such discretion is however not absolute and State institutions are authorized to expropriate...
| Main Authors: | , , , |
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2020-12-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| Subjects: | |
| Online Access: | https://jplr.atu.ac.ir/article_12623_6eb3fb37a77397332482eee6a190239d.pdf |
| _version_ | 1797375835474231296 |
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| author | hossein adib rasul mazaheri kuhanestani Mohmmadmahdi Alsharif mahmod jalali |
| author_facet | hossein adib rasul mazaheri kuhanestani Mohmmadmahdi Alsharif mahmod jalali |
| author_sort | hossein adib |
| collection | DOAJ |
| description | Social life requirements prompt legislators to impose limitations on and even forevlose private ownership under certain circumstances, based on the public power of State institutions and for public interest; such discretion is however not absolute and State institutions are authorized to expropriate a land that the payment of its price is made and legal formalities are observed. Under Iranian legal system, the initiation of compulsary purchase measures depends on an approved plan, required financing, the implementing the plan and public promulgation of the plan however, unlike English law, citizens are not involved in the process of approving the plans and their content and no objection mechanism to plans has been predicted before the plans are approved and finalized.Under British law, compensation is not limited to the properties lying within an urban planning scheme, but it may be obligatory in case no land has been expropriated, however, the properties be harmed due to the provision of public service or subsequent use of public installations.This article, with its analytical-descriptive methodology, seeks to explain ?? aspects of Iranian and British legal systems as regards the expropriation of lands and properties and compensation methods resulting from the limitation of private ownership. |
| first_indexed | 2024-03-08T19:29:58Z |
| format | Article |
| id | doaj.art-f20af041d34946dba00ef9df80da11b8 |
| institution | Directory Open Access Journal |
| issn | 2345-3583 2476-6232 |
| language | fas |
| last_indexed | 2024-03-08T19:29:58Z |
| publishDate | 2020-12-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| spelling | doaj.art-f20af041d34946dba00ef9df80da11b82023-12-26T07:49:06ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī2345-35832476-62322020-12-0193393710.22054/jplr.2021.47148.229812623Making Limitations on Private Ownership in Implementation of Public Plans and Compensation Arising there from in the Iranian and British Legal Systemshossein adib0rasul mazaheri kuhanestani1Mohmmadmahdi Alsharif2mahmod jalali3Ph.D Student in (Private law), Faculty of administrative Sciences and Economy, University of Isfahan, Isfahan, IranDepartment of Law, University of IsfahanDepartment of Law, Faculty of Administrative Sciences and Economics, University of Isfahan, Isfahan, Iran.asSocial life requirements prompt legislators to impose limitations on and even forevlose private ownership under certain circumstances, based on the public power of State institutions and for public interest; such discretion is however not absolute and State institutions are authorized to expropriate a land that the payment of its price is made and legal formalities are observed. Under Iranian legal system, the initiation of compulsary purchase measures depends on an approved plan, required financing, the implementing the plan and public promulgation of the plan however, unlike English law, citizens are not involved in the process of approving the plans and their content and no objection mechanism to plans has been predicted before the plans are approved and finalized.Under British law, compensation is not limited to the properties lying within an urban planning scheme, but it may be obligatory in case no land has been expropriated, however, the properties be harmed due to the provision of public service or subsequent use of public installations.This article, with its analytical-descriptive methodology, seeks to explain ?? aspects of Iranian and British legal systems as regards the expropriation of lands and properties and compensation methods resulting from the limitation of private ownership.https://jplr.atu.ac.ir/article_12623_6eb3fb37a77397332482eee6a190239d.pdflimitation of private ownershipcompensationland appropriationurban planning schemebritish law |
| spellingShingle | hossein adib rasul mazaheri kuhanestani Mohmmadmahdi Alsharif mahmod jalali Making Limitations on Private Ownership in Implementation of Public Plans and Compensation Arising there from in the Iranian and British Legal Systems Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī limitation of private ownership compensation land appropriation urban planning scheme british law |
| title | Making Limitations on Private Ownership in Implementation of Public Plans and Compensation Arising there from in the Iranian and British Legal Systems |
| title_full | Making Limitations on Private Ownership in Implementation of Public Plans and Compensation Arising there from in the Iranian and British Legal Systems |
| title_fullStr | Making Limitations on Private Ownership in Implementation of Public Plans and Compensation Arising there from in the Iranian and British Legal Systems |
| title_full_unstemmed | Making Limitations on Private Ownership in Implementation of Public Plans and Compensation Arising there from in the Iranian and British Legal Systems |
| title_short | Making Limitations on Private Ownership in Implementation of Public Plans and Compensation Arising there from in the Iranian and British Legal Systems |
| title_sort | making limitations on private ownership in implementation of public plans and compensation arising there from in the iranian and british legal systems |
| topic | limitation of private ownership compensation land appropriation urban planning scheme british law |
| url | https://jplr.atu.ac.ir/article_12623_6eb3fb37a77397332482eee6a190239d.pdf |
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