نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشگاه تهران- پردیس فارابی قم
2 گروه حقوق عمومی دانشکده حقوق دانشگاه تهران پردیس فارابی
3 دانشیار گروه حقوق عمومی دانشکده حقوق دانشگاه قم
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The right to housing is one of the fundamental rights of the nation. In Iran's legal system, especially the laws governing local organizations such as municipalities, the construction of housing is associated with obtaining a building permit. However, in areas located in Iranian cities, based on Articles 22, 47 and 48 of the Registration Law; The official document for issuing the permit is valid with the municipalities, in such a way that it is not possible to issue a building permit for lands without an official document based on the meaning of these articles and the numerous opinions of the Administrative Court of Justice. The rulings of articles 147 and 148 of the amendment of the registration law and some other laws consider areas that have buildings to be eligible for issuance of a document and the construction of any buildings is deferred to obtaining a building permit, which due to the mentioned restrictions, causes a series of rounds. which does not make it possible to issue documents or construction permits for these areas. In this article, with a descriptive and analytical method, while examining the possibility of applying the right to housing in the lands without official documents located in the cities, by looking at the opinions of the general board of the Administrative Court of Justice and also the opinions of the jurists of the Guardian Council, in relation to the analysis of the current situation, a solution for A way out of the said conflict should presented.
کلیدواژهها [English]
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