Dr Hamid Reza Arami,
Volume 9, Issue 1 (5-2021)
Abstract
How to distribute the urban space fairly, in a way that, in addition to protecting the rights of private owners, also respects the rights of the people of the city, is one of the most fundamental issues in the field of architecture and urban planning. Addressing this issue is delayed by accurately understanding the nature of the city space, and calculating the rights involved; In the present article, an attempt was made to address it based on the teachings of legal jurisprudence. According to the results of this research, contrary to Article 38 of the Civil Code of Iran and the opinion of some early jurists, the city space is divided into three main parts based on the ownership of its lower land: "a. The public space of the city, which consists of two parts: space on public thoroughfares and space on private property, beyond the usual height limit. B. Private space, space adjacent to private property, below the standard height, which is located behind the common space. J. "Shared space, space bordering private property, below the usual height, which is adjacent to public spaces in the city. The first type of these spaces is among the public property and is an example of public commonalities and, of course, in public ownership. The second type is private property and privately owned land under it, and people have a easementright to it. And the third type of this space is among the peripheral property that people have the right to share. This perception of the nature of urban space can be effective in re-reading urban laws and, consequently, the realization of citizens' rights.
