Expropriation by the government and its affiliated institutions in the light of modern jurisprudential views

Document Type : Original Article

Authors

• Hoddein Ranjbar ¹
• hoseyn Rajabi ²

¹ Doctoral student of Islamic Jurisprudence and Islamic Law, Department of Islamic Jurisprudence and Law, Qom, University of Religions and Religions, Iran.

² Assistant Professor, Department of Contemporary Jurisprudence and Law, University of Religions and Religions, Qom, Iran.

Abstract

The subject investigated in this article is expropriation by the government and its related institutions in the light of modern jurisprudential views. Therefore, we have first analyzed the generalities about the municipality and its possessions, and after that we have examined the issue from a jurisprudential and legal point of view. It seems that from the point of view of jurisprudence, bases such as harmlessness, expediency, and such things allow the municipality to acquire, and on the other hand, these bases are an obstacle to the acquisition of this institution. On the other hand, some principles have been proposed in the laws of western countries, including France, and we have entered and applied them in domestic laws. These foundations, which in their most important aspect are public service, public power, and public benefit, have been analyzed in their place.

Keywords

• Municipality
• ownership
• legal guardian
• Islamic government
• public services

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