نوع مقاله : علمی - ترویجی
وکیل دادگستری، دانشجوی دکترای حقوق خصوصی، دانشگاه علوم قضایی و خدمات اداری، دانشکده حقوق خصوصی، تهران، ایران.
عنوان مقاله [English]
Regarding the limitations created for the principle of free will in possessing individuals’ lands in public and constructional plans, it seems already required to be materialized, and there is a precondition of mutual agreement and consent, and legislator deems a conditioning for the case. However, this agreements has itself some limitations and boundaries out of which such consent shall be null and void: For instance maximum price of agreed properties, time limitation for validity of such agreement and also it requires approval of the agreement by the inspecting officials of the executing authority. However, this condition of agreement seems to bear no obligation in the law of executive guarantee in terms of conditional orders to authenticate or cancel the transaction; hence it is recommended to consider a proper executive security to preserve ownership rights. One of the results of agreed and non-compulsory illegal possessions of others’ ownership right in such plans is that in case necessity of execution of the plan is removed and its execution is aborted, the former owners of the said land are not entitled to apply for cancellation of the aforesaid conveyance. The reason for such case was recognized to be thematic exit of the said ownership from authority according to views of Public Board of Administrative Justice Court; anyway any dispute resulting from the performed agreements will be discussed by Public Courts of the Judiciary (not Administrative Justice Court).