چكيده به لاتين
Rules and regulations governing the urban systems are considered as a common point of Legal Studies and Planning. On the other hand, urban system as one of key elements of the relationship between the state and the nation regulates the proportionality between people and public based on private low and public low.
The right to the city is in no conflict with other civil rights in its trus sense, but there are some constraints and weaknesses in the definition of the nature and explanation of this right on the one hand, and its interaction with other, which has some conseguensces for urban development plans and programs on public scale and in the contax of urban regeneration measures on particular scale.
For the most imporntant conflicts between the goals of the righ to the city and process of “Urban regeneration measures, we can refer to neglect to” private property rights. Rights to private space is the right that gives meaning to the living of residents in city. But the right to the city may not only be achieved, but injustice also manifests itself more in urban spaces when measuer for urban regeneration forbids residents from the right to space with an aim to reazlize the right to the city, let the property right the residents remain at the periphery.
The research aims to enrich the concept and position of the right to the city by probing into imam ali highway project from two aspects, property right and the right to city and paralled with it, it aims to define property on the hand and balance the existing conflict between property right and the right to the city, thus the research has a qualitative nature and approach and mainly rests on a cirtical analysis, in that using logical argumentation it analyzis and investigates the position of the two concepts”the righto the city” and “property right” in the process of urban regeneration measures, both in terms of a case study(imam ali highway in atabak and minaee neighborhoods) and documentary studies.
To recognize the structure of public and private law in the urban system of the country it is necessary to answer the question “what is the entity of the urban rules and regulations of country in the light of Islamic laws and regulations?” the methodology of research based on the system interpretation of the urbanization of the country is in order of governing on the legal sources.
This analysis is qualitative and determined using Logical reasoning technique and documentary studies method. Analysis of the actors of the private and public spaces of cities on the one hand and the redefinition of the public and private rights in the legal order of country on the other hand, guides us to the new pattern and approach regarding the rights of urban studies. This approach, by providing multiple needs and Compatibility varied interests between the private and public spheres, leads to the manifestation of civil rights ideals.
Keywords: property right, the right to the city, regeneration measures, interaction principle
