نوع مقاله : علمی - ترویجی
1 کارشناس ارشد حقوق خصوصی، دانشگاه آزاد اسلامی، اصفهان، ایران.
2 دانشجوی دکترای گرایش بافت و احیای بناهای تاریخی، دانشکده مرمت دانشگاه هنر اصفهان، تهران، ایران.
عنوان مقاله [English]
Structural fundamentals of ownership of irreplaceable monuments in legislations of Iran are due to two norms: harmless and dominance. Domination of these norms are so widespread that juridical and semi-juridical systems, affected by that, regardless natural and legitimate ownership and selecting related ownership similar to theory of guardian council in 1361, they verdict to emit many of national treasures from national register area. In the absence of individuation and appointment of cultural-historical irreplaceable values, immediate or gradual destruction of these types of buildings are evident. Ruining these monuments is done by jobber men and through neglecting actions, or any acts affected by absence of valuation criterion in platform of legislation. So we can say that there is no buffer between heritage-cultural values and current legal system and their desires. This research tries to answer this question: “what is the role of cultural-historical values of irreplaceable monuments in enacting legislations in private ownership area in Iran and how can extend up safety rule by using values in these types of buildings to general ownership?” Research aims to critically study on regulations in cultural and historic wealth area and stating values in nature of these monuments where without them, rules would be inefficient and repulsive. This research tries to remove irreplaceable cultural-historic wealth from the limits of current ownership rules and balance the opinion of guardian council. The outcome of research is: historic buildings which are belonging to individual private ownership are legitimacy ownership that essentially creates no limits for any specific person. This type of ownership is generated due to proper location or time tool and continuity of this situation during time with keeping location status but should not conflict with natural and experimental right of people.