University of Tehran Private Law 2008-840X 17 2 2020 09 22 Comparative Study of Compensation for the Acquisition of Private Person's Real Estates by Public Body in British And Iranian Law with Emphasis on Judicial Precedent Comparative Study of Compensation for the Acquisition of Private Person's Real Estates by Public Body in British And Iranian Law with Emphasis on Judicial Precedent 373 401 78331 10.22059/jolt.2020.296409.1006817 FA Mohammadbagher Parsapour Associate Professor, Department of Private Law, Faculty of Law , Tarbiat Modares University, Tehran, Iran Ebrahim Azizi Assistant Professor, Department of Private Law, Faculty of Law , Tarbiat Modares University, Tehran, Iran Amirhossein Alizadeh Ph.D Student, Department of Private Law, Faculty of Law , Tarbiat Modares University, Tehran, Iran 0000-0003-2736-5539 Journal Article 2020 02 03 One of the most challenging topics in acquisition of person's real estates is the recognition of full and equal compensation right with the aim of balancing between expropriation and indemnities. In this article, with an analytical-comparative method in Iranian and British law, we response the question of whether full and equal compensation has been identified in these two systems? By what criteria can be maintained the balance between compensation and expropriation? In English law, by accepting to receive full and equal compensation right, it is determined by open market value. Therefore, compulsory occurrence of acquisition, illegal and immoral use by the owner and price increase resulting from legal objectives are not effective. In addition, if the property does not have a market value, an equivalence reinstatement is provided. In Iranian law, a fair value is a suitable criterion for perfect compensation, but the rules for determining it, are not precisely defined, and in addition, different laws have different criteria that may be in conflict with the perfect and equal compensation right. To sum up, accepting the principle of perfect and equal compensation, the lack of effect of the scheme and legal objectives of the acquiring authority and the actions of the owner after the realization of acquisition in compensation and determining the exact time of the assessment are proposed acquisition laws amendments. One of the most challenging topics in acquisition of person's real estates is the recognition of full and equal compensation right with the aim of balancing between expropriation and indemnities. In this article, with an analytical-comparative method in Iranian and British law, we response the question of whether full and equal compensation has been identified in these two systems? By what criteria can be maintained the balance between compensation and expropriation? In English law, by accepting to receive full and equal compensation right, it is determined by open market value. Therefore, compulsory occurrence of acquisition, illegal and immoral use by the owner and price increase resulting from legal objectives are not effective. In addition, if the property does not have a market value, an equivalence reinstatement is provided. In Iranian law, a fair value is a suitable criterion for perfect compensation, but the rules for determining it, are not precisely defined, and in addition, different laws have different criteria that may be in conflict with the perfect and equal compensation right. To sum up, accepting the principle of perfect and equal compensation, the lack of effect of the scheme and legal objectives of the acquiring authority and the actions of the owner after the realization of acquisition in compensation and determining the exact time of the assessment are proposed acquisition laws amendments. https://jolt.ut.ac.ir/article_78331_3dd60f1d3320791113f46d8bff824332.pdf