A comparative study of the procedure and powers of the Commission of Article 12 of the Urban Land Law of Iran with similar institutions in other legal systems

Moshefi, Hamidreza; Moshefi, Amirreza

doi:10.48300/jlr.2025.518364.2922

A comparative study of the procedure and powers of the Commission of Article 12 of the Urban Land Law of Iran with similar institutions in other legal systems

Articles in Press

Document Type : Original Article

Authors

hamidreza moshefi

amirreza moshefi

M.A. in Science in Private Law, Faculty of Law, Robat Karim Branch, Islamic Azad University, Tehran, Iran.

10.48300/jlr.2025.518364.2922

Abstract

Abstract
The identification and legal classification of lands, particularly the determination of "Mowat" (unused or dead) status, has always been one of the most critical issues in the conflict between public interests and private ownership rights. In the Iranian legal system, the Commission under Article 12 of the Urban Land Law is the competent and authorized authority responsible for determining and declaring the legal status of lands. Its decisions entail direct and sometimes irreversible legal consequences for individuals and legal entities. Therefore, safeguarding the legal standing of this Commission, while simultaneously adopting measures to protect the legitimate rights of individuals during the decision-making process, is an undeniable necessity. In several legal systems, such as those of France, Turkey, and Egypt, various mechanisms and safeguards have been established to ensure fairness in land classification and to prevent the infringement of ownership rights. This research, while emphasizing the inherent and indisputable jurisdiction of the Article 12 Commission, aims to propose comparative solutions to strengthen the protection of ownership rights throughout the decision-making process. As a result, more accurate and equitable land assessments will be promoted.

Keywords

Article 12 Commission

Mowat Land

Legal Jurisdiction

Urban Land Law

Ownership Rights