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Information Journal Paper

Title

Redefining Public Properties and Its effects in Iranian Legal system

Pages

  65-96

Abstract

 Analyzing current definitions of Public Properties in Iranian legal system indicates that distinction between these Properties from State Properties cannot be sought in criteria such as devoting to Public services, the ability to confiscate, style of utilization, conformity of Public Properties from civil and commercial laws. Also existing approaches about the issues such as “ relation between Public Properties and State-owned companies' Properties” and “ rules governing Public Properties” are facing criticism that necessitate the redefinition of Public Properties. In this research, it has been endeavored to redefine the Public property according to criteria of Iranian constitutional law system such as interpretation of civil law according to the Constitution, with regard to the effects of the concept of Sovereignty; in such a way that, while respecting the fundamental legal-jurisprudential frameworks, the efficiency of the State in utilizing Public Properties shall be taken into accounts. According to this redefinition, Public Properties (in the general sense) unlike private ones, are Properties devoted to Public Benefit and belonged to legal person of Public law and consisting of State Properties, State-owned companies Properties and Public Properties (in the strict sense). These Properties can be divided into “ original or subordinate” Public Properties and "national or local" in the domain of State ownership. The redefinition will have many practical legal effects in the legal system.

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  • Cite

    APA: Copy

    ABDOLLAHI, HOSSEIN. (2019). Redefining Public Properties and Its effects in Iranian Legal system. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), 21(63 ), 65-96. SID. https://sid.ir/paper/225311/en

    Vancouver: Copy

    ABDOLLAHI HOSSEIN. Redefining Public Properties and Its effects in Iranian Legal system. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL)[Internet]. 2019;21(63 ):65-96. Available from: https://sid.ir/paper/225311/en

    IEEE: Copy

    HOSSEIN ABDOLLAHI, “Redefining Public Properties and Its effects in Iranian Legal system,” JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), vol. 21, no. 63 , pp. 65–96, 2019, [Online]. Available: https://sid.ir/paper/225311/en

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