چکیده:
One of the duties of the government is to create roads, water transmission lines, and other similar items. To fulfill these duties, the government sometimes inevitably has to use land belonging to private owners. The legislator has foreseen cases where the government can even appropriate the land it needs without the owner's consent, but the condition for using this authority is to observe the formalities that the legislator has considered for it. The present research seeks to answer the question of whether, if the government appropriates the land it needs without observing these formalities, the possibility of realizing liability arising from usurpation exists for it? Some have doubted the possibility of realizing this responsibility. In this writing, after a brief reference to the prescribed formalities, while analyzing court rulings, we will conclude that the appropriation of land by the government without observing the law will lead to the realization of the guarantee of usurpation regarding these appropriations of the government.
خلاصه ماشینی:
Civil Liability of the Government Resulting from the Appropriation of Properties Located in Public Projects (With Emphasis on Court Rulings) Azizollah Fahimi Assistant Professor, Department of Private Law, Faculty of Law, Qom University Mohammad Bafahm Master's Student in Private Law, Qom University (Date of Receipt: 2016/03/05 - Date of Approval: 2016/09/24) Abstract One of the duties of the government is to create roads, water transmission lines, and other similar items.
161)); rather, ownership is transferred to the government through the seizure of the property by the government; Even some courts apparently consider the mere approval of the plan as a reason for acquiring land (Ruling 297 of Branch 28 of the General Court of Tehran dated 1372/7/6).
Therefore, the provisions of laws that enable the government to interfere in people’s property are contrary to the principle and have been enacted and approved due to necessity and as a secondary rule; Consequently, one should suffice with the positions of the text and consider the permission to seize for the government conditional on observing the procedures of these laws 1 (Deputy for Education of the Judicial Power, 1387, p.
In the present case, all formalities and conditions stipulated in the draft law on the method of acquiring land and property and other similar laws must be observed; otherwise, they will be subject to the generality and absoluteness of general responsibility rules - namely, usurpation and aggressive possession.
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