Guidance and intervention of the government on mines in legal system of IRAN with a look at jurisprudential theories and its application to the country of Mexico

Document Type : Academicm and Research

Authors

1 publc law , Faculty of Law and Political Science, Islamic Azad University, South Tehran Branch, Tehran, Iran

2 Faculty of Law and Political Science, Islamic Azad University, Varamin Branch - Pishva, Tehran, Iran

3 , Faculty of Law and Political Science, Islamic Azad University, South Tehran Branch, Tehran, Iran

10.22091/csiw.2024.8883.2369

Abstract

Guidance and interventions in mines by the government from the past until now have always had a significant impact on the mining sector. The viewpoint of the legislator in granting guidance and intervention authority is rooted in jurisprudential opinions about the ownership of mines, which sometimes conflict with each other, and the reflection of these conflicts in mining laws from the past years to the present is quite clear. Therefore, in this article, firstly, the jurisprudential opinions about mines in Shia jurisprudence will be expressed, and then the analysis of the laws that show the limits and tools of the government's guidance and interventions will be discussed. Legal (Roman-Germanic or written law) with our country, we are investigating mines in Mexico. It should be noted that the sources of legal science in Mexico, like our country, include the constitution, ordinary laws, judicial opinions, custom and doctrine. In the end, by rejecting the theory of Enfal and encircling public rights on mines, it is stated that the government intervenes with policies, including with the help of guiding institutions, with the direct exploitation of some mines, and with the inspection of mines in Mexico We will find out the mining regulations of our country with the country of Mexico.

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