alireza anabi

The international law of cyberspace is still in its initial stage of development and formation and the relevant international institutions and authorities are consulting on various issues related to the cyberspace. However, all the actors in this field have reached a consensus regarding such principles as the principle of freedom of information, the right to privacy, the principle of non-interference in the internal affairs of countries, as well as the principle of prohibiting the use of force in cyberspace, and the binding regulations and documents have been approved and implemented in a global scale in this regard. The nature of the cyberspace needs to be studied and analyzed enough to be able to apply the legal rules of the real space to that space. In this regard, concepts such as the civil responsibility, the criminal responsibility and, especially, the international responsibility and their instances and proofs in cyberspace must be analyzed and adapted. This issue has been covered by the present article.

The continuous expansion of real estate buying and selling has led to some profit-seeking individuals abusing this field, resulting in the increase of crimes such as fraud, illegal transfer of property, and conflicting transactions. Criminal penalties such as fraud and illegal transfer of property are explicitly stated in the law and a specific legal process has been considered for these types of crimes. However, conflicting transactions are somewhat complicated due to ambiguities in the text, and there is no clear legal process for dealing with such crimes. In the banking system, conflicting transactions have also caused problems in the system, particularly due to the absence of a unified legal process for dealing with conflicts between official mortgage documents and ordinary sales documents. This lack of legal clarity has made official documents unreliable, leading to harm to the banking system and providing a platform for abuse by facilitators. On the other hand, the priority of official mortgage documents over ordinary sales documents has increased the credibility of official documents, but it has also caused harm to the buyer. This article attempts to examine the impact of conflicting transactions on bank mortgages and the enforcement of these types of transactions in Iran's legal system.