Critique and review of Supreme Court Decision as a Unified Judicial Precedent No. 747 dated 2016-1-19

This research is dedicated to examining one of the Unified Judicial Precedent of the Supreme Court regarding the acquisition of private property of individuals for the implementation of public, development and competitive projects by the government and municipalities. There have always been different procedures regarding the possession of personal property by the government and the non-payment or compensation of damages. Disagreement in judicial inference led to the issuance of a Unified Judicial Precedent No. 747 on the need to establish a wrong-doing of the government regarding the ownership of personal property or not. This verdict ostensibly states that all claims for demanding price against the government, adversarial and otherwise, are non-adversarial and require a violation in the Court of Administrative Justice. But the interpretation of this verdict is not possible without considering the existing legal texts and special rules of public law in state ownership. Therefore, it is necessary to achieve this important thing, that is, the correct interpretation of this Unified Judicial Precedent by examining the legislative and judicial background of the subject, different precedent and the relevant principles and rules. In any case, since the subject under discussion is related to both the areas of public and private law, so in analyzing it, the considerations of both areas must be taken into account.