Examining the basics of the need to compensate for damages caused by the implementation of public projects on real estate

Document Type : Original Article

Authors

1 PhD Student in Private Law, Department of Law, Sari Branch, Islamic Azad University

2 Assistant Professor of Law, Sari Branch, Adib University

3 Professor, Department of Private Law, Faculty of Law, Science and Politics, Mazandaran University

10.30510/psi.2022.335298.3294

Abstract

Although public and development projects are prepared and implemented with the aim of increasing the welfare of citizens; But depending on the type of project, their negative effects, especially on neighboring properties and damage to some citizens can not be ignored. If the occurrence of damages such as lower prices of properties adjacent to the project due to increased noise pollution, environmental and restrictions on the exercise of property rights of individuals after the implementation of the project is certain and the causal relationship is achieved, some of the most important pillars of responsibility. However, the provisions of Articles 1 and 11 of the Civil Liability Law regarding the need to establish the element of fault and principles such as the protection of public interests and interests in the implementation of various plans and the complexity of the nature of these damages create serious obstacles to claim damages. In this article, we seek to answer the question of whether, despite the legal vacuum and the existing obstacles, the contractor of a public utility project can be held responsible for compensating the damage to neighboring properties? If so, what basis can the government use to compensate? In the Iranian legal system, .

Keywords

Political Sociology of Iran
Volume 5, Issue 11
January 2023
Pages 2341-2360

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