The theory of public interest and its effect on the limitation of private property due to the registration of national and historical monuments

Ownership is a natural right recognized by law and religionfor individuals. Although the right of ownership is a permanent right, it is not an absolute right. One of the most basic issues that are raised against private ownership and limit it is the public interest. The emergence of public benefit has many and different examples. One of the most important aspects of public benefit is cultural heritage, because one of the main axes of a nation's identity is its national works and cultural heritage, which the members of a nation and its government must strive to preserve it. In Iran's legal system, the government is responsible for registering the cultural heritage in the list of cultural heritage based on the Act of the Preservation of cultural heritage approved in ۱۳۰۹ and the Act of Registration of cultural heritage approved in ۱۳۵۲. The government's implementation of these cases by the government. On the one hand, it preserved the cultural heritage, and on the other hand, it created many restrictions for the owners of these properties. Now, this limitation of private ownership must have a strong basis and theoretical support. In legal systems, this limitation of ownership is caused by the type of view of the legislator and the effect of the acceptance of the theory of public interest. Therefore, in this article, we intend to examine the position of the theory of public interest and its impact on the protection of cultural heritage with descriptive-analytical method.