A Study of Land Acquisition by Municipalities from the Perspective of Islamic Jurisprudence and Law (Book): Difference between revisions
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Concerning private lands, the author believes that municipalities are required to follow the relevant legal procedures for acquisition and purchase. In the third chapter of the first section, the author discusses topics such as the responsibilities of municipalities and their planning initiatives, claiming that urban plans infringe upon the absolute and extensive rights of property owners. He then addresses the concepts of city boundaries and zones, concluding with a historical overview of the legal framework surrounding land acquisition by municipalities in Iran (pp. 20-67). | Concerning private lands, the author believes that municipalities are required to follow the relevant legal procedures for acquisition and purchase. In the third chapter of the first section, the author discusses topics such as the responsibilities of municipalities and their planning initiatives, claiming that urban plans infringe upon the absolute and extensive rights of property owners. He then addresses the concepts of city boundaries and zones, concluding with a historical overview of the legal framework surrounding land acquisition by municipalities in Iran (pp. 20-67). | ||
==Conflict | |||
== Conflict Between Private Rights and Public Rights == | |||
In the second section, Rezā Bāghbānī examines the conflict between private law and public law across two chapters. The author clarifies that this conflict is not a fundamental one; rather, it represents a confrontation between the principles of property rights and public rights, determining which takes precedence (pp. 78-79). In the first chapter, he discusses the foundations for the precedence of private law over public law, while in the second chapter, he addresses the foundations for the precedence of public law over private law. After presenting the arguments from both sides, the author ultimately concludes that, based on the principle of justice, the rule of prioritizing the more significant over the less significant, and the precedence of governmental regulations, public law takes precedence over private law (pp. 161-163). | In the second section, Rezā Bāghbānī examines the conflict between private law and public law across two chapters. The author clarifies that this conflict is not a fundamental one; rather, it represents a confrontation between the principles of property rights and public rights, determining which takes precedence (pp. 78-79). In the first chapter, he discusses the foundations for the precedence of private law over public law, while in the second chapter, he addresses the foundations for the precedence of public law over private law. After presenting the arguments from both sides, the author ultimately concludes that, based on the principle of justice, the rule of prioritizing the more significant over the less significant, and the precedence of governmental regulations, public law takes precedence over private law (pp. 161-163). | ||
===The precedence of private law over public law=== | ===The precedence of private law over public law=== | ||