The Principle of Dominance and the Limitation of Changing the Use of Agricultural and Garden Lands

Because the owner of an agricultural land, due to his/her personal rights is allowed to use the land in any legitimate and legal way he/she desires; however, the rights of the society and the future humans forbids the owner to use the land in ways that would harm the public/society. Based on the sta...

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Bibliographic Details
Published in:Propósitos y representaciones 2021, Vol.9 (SPE1), p.1-13
Main Authors: Nazari, Ali Akbar, Ahmari, Hossein, Ali Hashemi, Seyed Ahmad
Format: Article
Language:English
Subjects:
agricultural lands
cambio de uso
change of use
derechos
dominance principle
Materialism
principio de daño
principio de dominio
principle of harm
Principles
retención de uso
Retention
retention of use
rights
Society
tierras agrícolas
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Summary:Because the owner of an agricultural land, due to his/her personal rights is allowed to use the land in any legitimate and legal way he/she desires; however, the rights of the society and the future humans forbids the owner to use the land in ways that would harm the public/society. Based on the stated content, it is concluded that the ownership right is absolutely preserved for the real owner based on the principle of dominance, but in cases where this right is conflictual with societal rights, the societal rights would be counted prioritized over the former, and therefore it would be necessary to control personal rights. This preference has a clear and obvious instance in the context of changing the use of agricultural and garden lands; and it is rational that the society’s right will be dominant over the rights of the owner of agricultural and garden lands.
ISSN:2307-7999
2310-4635
2310-4635
DOI:10.20511/pyr2021.v9nSPE1.882