Investigating The Ability to Compensate for Non-Profit Registration of National Monuments With Emphasis on Immovable Monuments in The Iranian Legal System

The protection of cultural heritage is a common mission between governments and nations, so governments, on behalf of the people, try to protect the rights of the public by enacting laws and regulations, and the people must comply with the relevant laws and regulations, While guarding their rights, will help the government and relevant organizations to protect the rights of other citizens. Undoubtedly, the preservation of the cultural-historical heritage of the country, whether movable or immovable, as a crucial part of the historical identity of nations, regardless of whether they are privately or publicly owned, is one of the aspects of public law, the Benefit of which is an undeniable right of individuals in the society. Therefore, the unilateral action of the government to register valuable historical-cultural monuments in the list of national monuments can cause damage due to the non-profit of the owners of these monuments. Therefore, in this article, we try to examine the laws related to the protection of cultural-historical heritage on the one hand and the laws relevant to private property of valuable historical buildings on the other hand, and jurisprudential rules, especially the harmless rule and the principle of dominance in Shiite jurisprudence, and the opinion of the jurists regarding the right of ownership of individuals over their property, exploring the importance of preserving immovable national monuments to protect the public interest and examining the consequences of non-compensation for damages resulting from the non-benefit of private owners of the country's historic and cultural buildings by the government and examining the ability to compensate for damages caused by the non-benefit of private beneficiaries of monuments registered in the list of national monuments of the country,and finally, to provide an appropriate legal solution and mechanism to increase the participation of private owners of valuable historic buildings and beneficiaries with the government to maintain the national monuments of the country.