BUILDING DENSITY AND ITS CONFLICT WITH PRIVATE RIGHTS OF INDIVIDUALS, WITH AN EMPHASIS ON THE PRINCIPLE OF NO HARM

Abstract

Many duties and authorities have been predicted in different rules for municipality. Detailed analytical review of all of duties and authorities of municipality and their various effects and why and how these rules are legislated are very time consuming and beyond the scope of our discussion. However, with regard to the purposes of this paper which discusses the legal principles governing the duties and authorities of the municipality in the realm of private law, we inevitably have to consider this discussion and draw curt discussions regarding identification of municipal authorities and duties and investigation of law principles governing duties and individuals’ private rights. In one side, identifying the duties and authorities of a municipality and its concept and nature and instances are discussed what the nature of the titles and duties is, what the purpose of forming a
municipal council rules is and what criteria there are for the establishment of municipal and doing duties assigned, and what has been predicted for the protection of public rights and welfare of the citizens, and what losses and risks failure to perform the duties causes, in order to check the functions of the municipality, there are three important and useful functions influencing public and private rights of individuals including building permit, building density, and building use. This is an attempt to evaluate building density category as one of the important functions of the municipality and its conflict with individuals’ private rights including jurisprudence - legal principle of no harm.