The following questions were discussed in the round table, and the commission votes as follows:
457- Under which title an increase in the price of a property occupied by the government institutions for the civil or military plans from the time of the assessment by an expert up to the execution time is demandable?
Opinion of Majority of Votes of the Members in the Session:
Under article 1 of the Legal Bill of Purchase and Ownership of Lands
approved in 5/2/1980, when any executive system for its civil or any other plans needs lands, buildings, etc owned by natural or legal persons, according to the respective regulations, it can by or own them which on this basis and according to article 4 of the mentioned law, in order to assess the fair price of the mentioned lands in case of disagreement between the owner and executive system, a board consist of three official experts is formed and since the opinion of this board of experts is certain and the appropriate verdict is issued on its basis, then it is impossible to change it, on the other hand it may take a long time from the verdict’s date of certainty to its implementation by the executive system in which the price of the land increases and causes the loss of the owner but based on the Principle of no Harm and because of the establishment of debt for executive institutions, a separate claim under the title of claim for damages of delay in payment can be filed. According to the note following article 19 of the law of the Association of the Official Experts which states that cases in which transactions requires the assessment of the fair price by an official expert, the proposed opinion will be valid for 6 months from the date of its issuance. Whether the mentioned governmental institution refuses to pay the price to the proprietor; the expert’s opinion must be taken again and it should be performed on its basis.
458- Are the civil actions of the foreigners who are illegal residents in Iran, auditable?
Opinion of Majority of Votes of the Members in the Session:
According to principle 34 of the Constitution Law: litigation is the incontestable right of everyone and everybody is can proceed in competent court in order to petition… and no one can be prohibited from proceeding in the court which is legally allowed to proceed and this principle is common and generally accepted and includes all residents of Iran and exiting the illegally foreigner residents form this principle requires wording and just an illegal residence is not an obstacle for the foreigners’ petition.
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