Recognizing Personal Property of Luminaries as National Heritage and Its Legal Requirements: The Challenge of the Conflict between Private Ownership and Public Rights

Articles in Press

Document Type : Research Paper

Authors

1 MA. in Private Law, Department of Islamic and Private Law. School of Law and Political Sciences, Shiraz University, Shiraz, Iran

2 Department of Islamic and Private Law. School of Law and Political Sciences, Shiraz University, Shiraz. Iran

3 Department of Islamic and Private Law. School of Law and Political Sciences, Shiraz University. Shiraz. Iran

Abstract

Currently, the properties of contemporary luminaries are designated as national heritage while having no unique historical significance. While private property rights are protected under law, these assets are also recognized as cultural and social capital, necessitating their preservation for future generations. This study, employing a descriptive-analytical method, aims to address the following question: Based on what criteria can the personal property of luminaries be registered as national heritage? And is there a difference between the legal system for registering and administering the registered property of luminaries and other national heritages? The findings indicate that the properties of the luminaries that are "the cause of or related to their fame" and in a way that reflects the "influence of the luminaries on the culture of a society" or have a "spatial connection" with them, or "donated to them through the personality of the luminaries," can be registered as national heritages. Considering the differences between the personal property of luminaries and other national heritages, the scope of government intervention in registering and managing the personal property of luminaries, especially during their lifetime, should be less than that of other national heritages, and even the sale and transfer of this property should not be legally prohibited. In the event of damage, civil liability may fall on the state, the owner, or a third party, depending on the circumstances.

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Journal of Legal Studies

Articles in Press, Accepted Manuscript
Available Online from 29 June 2025

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