جستجوی مقالات مرتبط با کلیدواژه « معضلات ثبتی » در نشریات گروه « فقه و حقوق »

Some of the harms of real estate and land transactions relying on property ownership and normal documents are: land grabbing, shrinking of agricultural land, threat to food security, weakness in managing crises and natural disasters, increase in administrative and judicial corruption, occurrence of fraud, bribery, forgery and etc.In order to solve these harms, the theory of real estate and land registration in the registration system has been proposed. Regarding this theory, there are two challenges of "the legitimacy of the system" and "the monopolization of real estate and land transactions in the system". In this essay, with a descriptive and analytical method, the belief has been strengthened that based on jurisprudential rules and principles, the registration system in question is legitimate and in the assumption that three conditions are met: the existence of a system that leads to certainty of ownership, the accusation of the market and the disruption of people's livelihood in the assumption of referring to the Amarat, real estate and land transactions based on the Amarat of property are void, and in order to accurately identify the owners, the buyer and seller should only refer to the registration system.Therefore, it is necessary to make the transaction of real estate and land according to the registration system become a law, and in the event of a conflict, this system takes precedence over all the property Amarat.