The Rights of Persons Arising from the Annulment of Public Endowment Documents of sale During Land Reform and Its Challenges

Articles in Press

Document Type : Original Article

Authors

1 Department of Law, Faculty of Administrative Sciences, International University of Imam Reza, Mashhad, Iran

2 Department of Law, International University of Imam Reza, Mashhad, Iran

10.48300/jlr.2022.346650.2087

Abstract

Endowment lands were transferred to persons during the legislation related to the program of the land reform program in Iran, regardless of the conditions of permitting of endowment sale in Sharia. After the islamic revolution of Iran, according to the law on the annulment of documents and the sale of competitions, water and endowment lands, the ownership documents of all endowments that were transferred to farmers during the land reform were annulled. With the annulment of these documents, in order to prevent the violation of the rights of these persons or their deputies and occupiers of the mentioned lands, acquired rights such as preparing a lease document with priority of renting and owning nobles and innovations were created and recognized in the law for them. However, sometimes there are differences in the principle of the existence of these rights or the amount of agricultural share, which is usually due to the lack of formal documents of transfer during land reform or change in the status of land in nature. Also, the cases in which the occupier of endowments have made changes in the agricultural lands under their occupation have raised doubts about the acquired rights. The long-term leases, some of which were transferred during land reform, and the status of land that was transferred to persons by seven-member delegations in the early days of the Islamic Revolution, should also be added to the above. These are the source of many differences between persons and endowments.

Keywords

Journal of Legal Research

Articles in Press, Accepted Manuscript
Available Online from 30 October 2022

Files

Share

How to cite

Statistics