نوع مقاله : علمی پژوهشی
نویسندگان
1 دانشیار گروه حقوق عمومی دانشکدۀ حقوق و علوم سیاسی دانشگاه تهران
2 دکتری حقوق عمومی دانشکدۀ حقوق و علوم سیاسی دانشگاه تهران (پردیس البرز)
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
One of the epitomes of interference of the government and the public institutions in the social life, is the authority and power of expropriation of lands and the properties of persons with the target of provision of public interests. Such an interference, which is accomplished based on giving order, public welfare and social advisable affairs, may create a field for establishing civil liability for the government based on specific basis, such as the principle of equality against the law and the theories of organizing the loss, public service and social interrelationship. At this juncture, in consideration of the important duties of Ministry of Petroleum in the field of implementation of the public and civil projects, based on the different rules, such as the legal bills for procedures of purchase and ownership of the lands and properties in order to implement the public, civil and military plans within the scope of outspread authority of the said Ministry in the field of expropriation, taking of properties and lands for Ministry of Petroleum, the said ministry is liable to compensate for loss and damages of the persons in accordance with the related Act and Laws. Yet, by this presumption that the public actions in this area are not based on the legal conditions, or if such actions are instances of forcible detainer, there are different solutions for filing action against the government before Administrative Justice Tribunal, and public and civil courts, and we explicate and verify such actions and petitions in this article.
کلیدواژهها [English]
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