جستجوی مقالات مرتبط با کلیدواژه « حقوق املاک و اراضی » در نشریات گروه « فقه و حقوق »

Difference in the basic principles of legal systems and their different needs and gaps has led to the emergence of models of registration system of real estate that, while they are very similar, have fundamental differences and is raising the question that how it is possible to classify registration systems of real estate into legal families, such as the division of contemporary legal systems into multiple legal families. Answering to these questions plays a fundamental role in understanding the registration system of each country and the possibility of using its legal solutions to improve the Iranian registration system. This research, with a descriptive-analytical approach and based on comparative studies, has concluded that in order to classify registration systems of real estate, large components are needed first, which are considered as the basic pillars of registration systems. In this regard, the “registration pattern”, “effect of registration on transactions” and “access to the information” have been introduced as classification indicators. In the second place, based on the mentioned indicators, we divided the real estate registration systems into three families: "Will-oriented registration family", " appearance-oriented registration family " and " registration family based on maximum originality of appearance". Within the framework of this division, the Iranian system of registration of real estate bears similarities to the "appearance-oriented family" but it needs to be reformed in order to be part of that family.