نوع مقاله : نقد رای دادگاه تجدیدنظر
عنوان مقاله English
نویسندگان English
One of the old issues in law is the conflict between state sovereignty and private property of citizens. On the one hand, the right to property is respected by individuals, and on the other hand, the government has sovereignty and must provide services. Today, everyone accepts that the public interest takes precedence over private interest, but this does not mean that we completely ignore the rights of private owners. Two fundamental conditions for the possibility of appropriating private property for the implementation of public projects are stipulated in law. First, the existence of necessity, Second, the payment of "fair compensation," . One of the branches of this discussion that has become an issue in our courts today is the issue of late payment compensation. With this explanation, are the government and government institutions exempt from late payment compensation for up to 18 months, given the 18-month grace period foreseen in the Law on the Method of Payment of Convicted Persons to the Government and the Failure to Secure and Seize Government Property, approved in 1365, or is the aforementioned grace period intended solely to take into account budgetary issues and better and continuous service delivery and does not relieve the government of its responsibility to pay late payment compensation? This article, in the form of a criticism of the award, seeks to explain the issue of the delay of the government and government institutions in paying fair compensation to owners in order to provide a fair solution to the current situation, given the heavy inflation. The main idea of this article is that in the case of violation of private property and expropriation by the government, in any case, the validity of the title of payment of just compensation as intended by the legislator is necessary. Therefore, in the case of expropriation by state-owned companies, the government does not have the right to rely on the 18-month deadline, and other government institutions are also obligated to pay just compensation in the event of a contract and do not benefit from the 18-month deadline, but in the event of no contract, they benefit from the 18-month payment deadline, but must pay compensation for the delay in payment for those days in any case.
کلیدواژهها English