نوع مقاله : پژوهشی
نویسنده
استادیار گروه حقوق دانشگاه بین المللی امام رضا ع مشهد
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Natural resource lands, in the sense of lands with carnivorous plants that have remained in their natural state, were nationalized and included in the category of public property by the law on the nationalization of the country's forests on 10/17/1341. From the aforementioned decree, lands that had been restored before the passage of the aforementioned law were excluded and were called exceptions. Despite this, there is still a difference in the accepted date of restoration of natural resource lands, and some, based on the theory of the Guardian Council (Shoraye negahban) and advisory opinions, use the date announced by the government on 12/16/1365 as the criterion. In addition, exceptions that are excluded from the decree on the nationalization of natural resource lands without restoration and as a result of exceptions with restoration, are neglected in judicial practice and the opinions of official experts. In any case, the accepted date of restoration in the main exceptions, including houses and rural facilities and agricultural and garden lands, is 16/12/1365, and the secondary exceptions also have jurisprudential and legal support and should be considered along with the main exceptions. Secondary exceptions are divided into two groups: intermediate lands and peripheral lands (Border). This means that the restoration of part of a piece of land requires the restoration of another part of it. Also, the peripheral lands and border required by the restored land, are placed at the disposal of the owner or owners following the land being restored.
کلیدواژهها [English]
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