Document Type : scientific
Authors
1
Associate Professor, Department of Private Law, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran.
2
Assistant Professor, Department of Law, Faculty of Humanities and Social Sciences, Golestan University, Gorgan. Iran.
3
Master's Student in Private Law, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran.
Abstract
The "Livestock Exit from Forests" scheme was first introduced in the Second Development Plan Law of 1994 (1373) and subsequently completed or ratified in the Third and Fourth Development Plans. According to this law, the government was obligated to grant certain privileges to livestock owners, via a contract, in exchange for the removal of their livestock from the forests, with the aim of optimizing the utilization of the country's natural resources. Identifying and explaining the legal nature of the rights of livestock owners-specifically, under which named contract or other special agreement according to Article 10 of the Civil Code and the principle of freedom of contract it may fall-is crucial. This is because, subsequent to this contract, privileges with specific terms are granted to the livestock owners, and the stability or instability of these rights depends on the nature of the said contract. This research, employing an analytical-descriptive method, will examine how the present contract is a commutative agreement wherein, in exchange for the transfer and relinquishment of the right to graze and forage livestock, the livestock owners are granted a substitute right by the government, which, as a rule, is considered a form of ownership right over the subject land. Furthermore, this right is subject to limitations established by the terms stipulated in the contract and the principle of party autonomy, resulting in a specific contract with its own unique characteristics. Identifying the legal provisions, attributes, and effects of this contract is influential for the subsequent rights of the livestock owners as well as the legal status they previously held.
Keywords
Main Subjects
)