Recognition of the plaintiff and the subject of the reason in the lawsuit challenging the national recognition of the land

Document Type : Original Article

Authors

1 Al-Mustafa International University . qom . iran

2 school of law . Farabi Campus - University of Tehran . qom . iran

Abstract

By announcing the nationalization of land by the Forest and Pasturage Organization, that, it is created in the form of a "recognition document"; the beneficiaries who believed themselves to be suffering from this action, they bring an action as protest to the nationalization recognition of land in competent authorities. The subject that in the legal books and articles related to this area are less considered with, it is that, who is plaintiff these claims? Are they individuals or state? And on the hypothesis that the beneficiary persons are considered plaintiff; what should they prove? The author in the present paper with a descriptive and analytical method, using library resources and verdicts of the courts, seeks to prove that the claimant is who to announce the opposite of the content of the recognition document and simply proving that the disputed land is not considered subject to fourfold titles in the land nationalization law that is enough for changing land nationalization to denationalization and it does not need to prove the recovery record before 1341 year; although proving of recovery record, that is, the examples of the explained in the third waver of the second article of that law will lead to egress national land and transform it into legal exceptions.

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History

  • Receive Date: 24 October 2021
  • Revise Date: 30 November 2021
  • Accept Date: 02 February 2022

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