Government civil liability in the process of acquiring national lands

Document Type : Original Article

Authors

1 PhD Student in Law, Soleman Branch, Islamic Azad University, Semnan, Iran

2 Assistant Professor of Law, Damavand Branch, Islamic Azad University, Damavand, Iran (Corresponding Author).

3 Assistant Professor, Department of Private Law, Damghan Branch, Islamic Azad University, Damghan, Iran.

Abstract

The issue of land has always been one of the most important issues in the country.The nationalization of forest and rangeland lands is done to ensure the public interest and is considered an example of the exercise of sovereignty, and in the event of loss due to national action, the government is exempt from compensation. The present study seeks to answer this question. In cases where the government nationalizes non-national lands and exceptions of individuals against the law, can the government still be exempted from liability based on the right of sovereignty? In this article, after analyzing the actions of the government in the diagnostic practice of national lands, and critique of different opinions, we will come to the conclusion that the nationalization of exception lands, the realization of civil liability and government guarantees can not be doubted.Keywords: National Territory - Public Interest - Execution of Sovereignty - Compensation - Civil Liability

Keywords

Political Sociology of Iran
Volume 4, Issue 4 - Serial Number 16
February 2022
Pages 668-675

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