Researching the Limitations of Private Ownership in the Regulations of Iranian Municipalities

In the juridical system of Iran, the municipality as a nongovernmental entity for establishing discipline in the city administration and the help of existing public order usage, in developing and regulating the city affairs and with regard to the duties transferred from the other sectors such as urban planning department, city services and constructional work department, is confining one of the eminent rights ascribed to the private property owners in such a way that occasionally ends in absolute limitations and even negates proprietorship of owners and in a few cases results in relative limits and generally oblige them to obey municipal regulations; that the very regulations were to be adapted for the protection of the public rights and the public benefit which contrary to the inward desire of the owners, confine their proprietorial rights and the regulations of the municipalities as a significant source of law, recommends lawful and legitimate limitations on the basis of the public necessities and of course on the extent of satisfying the needs. Consequently, it seems necessary to prevent damages stricken to the owners of private property according to the letter of law and the reference to the obvious practical and technical regulation, and considering the national and social advantages and interests, in any case that requires to enforce appropriate and lawful confinements in individual’s private proprietorial rights on the basis of the municipal regulations.

کلیدواژه ها:

private ownership ، public ، nongovernmental and municipality