درآمدی بر مالکیت و مدیریت اراضی دولتی در حقوق ایران و فرانسه

Ownership and management of state-owned land constitute a fundamental issue in public law, as the legal framework governing these lands directly affects the scope of governmental authority and the protection of public interests. Nevertheless, important questions remain regarding the legal foundations of state ownership and the effectiveness of existing governance and oversight mechanisms.This study examines how differences in the legal foundations and institutional frameworks of state land management in Iran and France influence the coherence and efficiency of their respective systems.

Using a comparative analytical approach, the research reviews the legal rules and institutional arrangements governing state land ownership and administration in both countries.In Iran, the concept of Anfal (public resources under Islamic law) plays a central role in defining state ownership. At the same time, numerous statutes regulate different aspects of state land, creating a distinctive but fragmented legal framework.In contrast, the French legal system is characterized by a relatively clear distinction between the public and private property of the state, together with a more centralized institutional structure for land administration.

The comparative analysis indicates that in Iran, the multiplicity of legal provisions and the dispersion of administrative authorities may result in overlapping jurisdictions, inconsistent decision-making, and greater complexity in management and supervision.By comparison, the French model benefits from conceptual coherence in the classification of public assets and centralized administrative mechanisms, contributing to a more coordinated system of state land governance.However, it also faces challenges arising from urban expansion and increasing demand for land.

Overall, this study provides a comparative assessment of the legal and institutional foundations of state land management and offers a conceptual framework for evaluating the current Iranian legal system.By drawing lessons from the French experience, it seeks to contribute to discussions on improving regulatory policies,strengthening institutional coordination, and enhancing the effectiveness of state land governance