Volume 4, Issue 5 (2020)                   2020, 4(5): 136-145 | Back to browse issues page

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Fadaei Moghadam A, Alamzadeh M, Niknejad J. Analysis of the Nationalization of the Land and Cash based on the Additional Note 6 of the Law on the Cancellation of Documents and the Sale of Competitors and Land with a Quranic Approach. Quran and Medicine 2020; 4 (5) :136-145
URL: http://quranmed.com/article-1-649-en.html
1- PhD student, Department of Private Law, Qaim shahr Branch, Islamic Azad University, Qaimshahr, Iran.
2- Assistant Professor, Department of Law, Qaim Shahr Branch, Islamic Azad University, Qaim Shahr, Iran (Corresponding Author). , malemzade46@gmail.com
3- Assistant Professor, Department of Law, Qaimshahr Branch, Islamic Azad University, Qaimshahr, Iran.
Abstract:   (1171 Views)
Paying attention to public order and public interests in the field of natural resources led the legislature (in article 1 of forests and range nationalization law) to consider commandments regarding nationalization and its examples, explaining the title of public property on the mentioned sources, revoking the obtained documents and invalidity of seizures of forests and rangelands. In order to fulfill the above-mentioned law, determining of individuals rights (under the title of exceptions according to Note 2&3 of Article 2 on forests and ranges nationalization law and examples of national resources subject to the above article which is approved in Article 45 of the Constitution entitled as Anfal and public wealth) has effects from which endowment property is no exception.
In the implementation of the above rules, conflict between legal acts has been created, especially the endowment of ambiguities such as that if endowment of natural resources possible.  What is the effect of land nationalization on previously donated property?
By examining and inducing the relevant legal texts, the certainty that can be obtained is that Waqf on national resources is not correct. On the other hand, each of the examples of national resources that have been previously dedicated and whose original nature has not been changed, the effect of land nationalization is existed on. With the above description, the present article examines the existing ambiguities of the above-mentioned laws and in this regard has offered proposed solutions.
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Type of Study: Research | Subject: General
Received: 2019/10/29 | Accepted: 2020/01/12 | Published: 2020/03/15

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