Foundations of Forests and Ranges Recognition Deed's Value in Acquiring the Ownership of Government (The Place of Supreme Court Unification Judgment No 681 dated 2005/10/18)

Document Type : Research Paper

Author

Associate Professor of LAw Private & Islamic Law Department, Faculty of Law and Political Sciences, University of Tehran

Abstract

The government, like other people, has the power to own a property. Forests and Ranges became a national and public property owned by the government with the Ministerial act of the Nationalization of Forests. Government ownership of this property is to ensure that everyone should enjoys this asset and does not mean as specialized government property, but the principles of realizing and protecting state ownership of forests and ranges are not the same as the principles of realizing and protecting private property, so we see that the process of verifying and registration of government ownership of forests and ranges has its own specialized and technical dimensions, and on this basis, even if the principles and process of Document and Property Registration Law have not been followed, that is an Admissible Evidence in the judiciary as an official deeds. This change, in the case of the realization of state ownership over national range and forestlands with Definitive Recognition Deeds, is the result of years of legal disputes and contradict judgments in our country, which finally after decades, in 2005 as one of the most important changes, has resolved by the Supreme Court. Judgment of General Assembly of the Supreme Court is binding for all in any judicial and other authorities. Understanding this development and the causes of legal disputes and the basis of this approach are important for both jurists and scientists in the forest and rangeland sciences, as it clearly illustrates the Supreme Court's view of forest and rangeland Conservation

Keywords


Volume 73, Issue 3
December 2020
Pages 599-612
  • Receive Date: 06 July 2020
  • Revise Date: 04 December 2020
  • Accept Date: 20 September 2020
  • First Publish Date: 21 November 2020