Conflict of Principles Governing Urban Lands with Property Rights in the Iranian Legal System

Document Type : Review

Authors
1 Master of Private Law and University Lecturer (Corresponding Author)
2 Master of Private Law, Tabnak University, Lamerd, Iran
10.22034/lc.2025.511991.1610
Abstract
The legal system of urban lands and property rights in Iran faces numerous challenges resulting from conflicts between laws, inconsistencies in jurisprudential principles, and the existence of duality in the decision-making of judicial commissions. This research examines these challenges and presents effective solutions to improve the situation of property rights and urban lands. The main goal of this research is to identify existing conflicts and analyze their impact on individual property rights and public interests. The findings of this study show that conflicts between the Article 12 and Article 56 commissions, lack of distinction in the definition of inherited lands, deprivation of property rights without adequate compensation, and contradictions between jurisprudential principles and statutory laws are among the fundamental challenges in this area. Also, the lack of clarity in the legal boundaries of the city and its privacy and registration problems have added to the existing complexities. The results of this research emphasize the need for legal review and reform to effectively maintain the balance between individual rights and public interests. Suggestions include the formation of joint commissions, improving the property registration system, and strengthening the participation of owners in urban planning decisions, which can help achieve social justice and sustainable development in the field of urban lands.
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