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Information Journal Paper

Title

Analysis of the legal bases governing municipal property in the legal system of Iran

Pages

  163-185

Abstract

 Ownership is one of the vital issues associated with private law, which has become interacting with other branches of science in the course of time. Therefore, it can be said that property, which is a purely private-law category, is linked to other branches of science such as public law. The Municipality, as one of the most important institutions that utilizes public power in Iran, should seek to acquire land for the benefit of the public. Thus, basically, two theories of general power and public service justify the actions of municipalities. public power theory can in some cases violate the rights of citizens, but public service theory can be a guarantee of the rights of the people. Today, public power theory, in terms of its critique, has been neglected and abandoned, and public service theory has been proposed as the basis of municipal ownership instead. The analysis of each of these bases in Iranian law is also important because the general authority embodied in the Municipality is rooted in the foundations of power in Imam's jurisprudence. In general, it is not possible to establish a single basis for the ownership of the Municipality in Iran; hence, in order to prevent abuse, public power should be considered as a means to perform public services. In fact, the general power of public utility and service is a goal that the Municipality must take into account for its actions.

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  • Cite

    APA: Copy

    Ahmadi, Seyyed Mohammad Sadegh, & ABBASI, ABBAS. (2019). Analysis of the legal bases governing municipal property in the legal system of Iran. JOURNAL OF LAW AND POLITICS, 16(41 ), 163-185. SID. https://sid.ir/paper/127749/en

    Vancouver: Copy

    Ahmadi Seyyed Mohammad Sadegh, ABBASI ABBAS. Analysis of the legal bases governing municipal property in the legal system of Iran. JOURNAL OF LAW AND POLITICS[Internet]. 2019;16(41 ):163-185. Available from: https://sid.ir/paper/127749/en

    IEEE: Copy

    Seyyed Mohammad Sadegh Ahmadi, and ABBAS ABBASI, “Analysis of the legal bases governing municipal property in the legal system of Iran,” JOURNAL OF LAW AND POLITICS, vol. 16, no. 41 , pp. 163–185, 2019, [Online]. Available: https://sid.ir/paper/127749/en

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