جستجوی مقالات مرتبط با کلیدواژه "equal compensation principle" در نشریات گروه "فقه و حقوق"

One of the most challenging topics in acquisition of person's real estates is the recognition of full and equal compensation right with the aim of balancing between expropriation and indemnities. In this article, with an analytical-comparative method in Iranian and British law, we response the question of whether full and equal compensation has been identified in these two systems? By what criteria can be maintained the balance between compensation and expropriation? In English law, by accepting to receive full and equal compensation right, it is determined by open market value. Therefore, compulsory occurrence of acquisition, illegal and immoral use by the owner and price increase resulting from legal objectives are not effective. In addition, if the property does not have a market value, an equivalence reinstatement is provided. In Iranian law, a fair value is a suitable criterion for perfect compensation, but the rules for determining it, are not precisely defined, and in addition, different laws have different criteria that may be in conflict with the perfect and equal compensation right. To sum up, accepting the principle of perfect and equal compensation, the lack of effect of the scheme and legal objectives of the acquiring authority and the actions of the owner after the realization of acquisition in compensation and determining the exact time of the assessment are proposed acquisition laws amendments.