Examining the views of the Guardian Council regarding national lands with an analysis of the 6th supplement of the law on the cancellation of documents for the sale of competitors of water and endowment lands.

Articles in Press

Document Type : scientific

Authors

1 Department of Law, Faculty of Humanities, Islamic Azad University, Mazandaran, Sari

2 Professor of Law Faculty of Shahid Beheshti University of Tehran

3 Professor of Shahid Beheshti University of Tehran

Abstract

According to the 45th article of the Constitution of the Islamic Republic of Iran, public wealth and public wealth, including forests and non-harim pastures, favorable lands and mines, etc., are at the disposal of the Islamic government, so the nationalization regulations, as one of the expropriation laws, have affected the private property of individuals, but due to the lack of consideration of the conditions Special jurisprudence and legal aspects of waqf lands, especially in the nationalization regulations, after the Islamic revolution, laws and regulations have been established for the restoration and protection of the country's endowments, which have been amended in several stages over the years after the approval of the law on the nationalization of forests and pastures dated 27/10/1341, and comment 6 of the addendum to the single article of the law is repealed. The documents for the sale of water and land competitors have been approved on 19/12/2013 as the last will of the legislator regarding the resolution of the disputes of the land that is subject to the nationalization of forests and pastures. From the point of view of implementation, it should be the criterion of action. Therefore, based on the opinions of the jurists of the Honorable Guardian Council in this regard, which has become the basis for issuing numerous judicial opinions, especially the General Board of the Administrative Court of Justice, a comprehensive analysis of the state of the country's dedicated forest and pasture lands can be presented.

Keywords

Main Subjects

Civil Jurisprudence Doctrines

Articles in Press, Accepted Manuscript
Available Online from 04 January 2025

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