The Owner's Duty to Protect the Real Estate’s Property Right in Iranian Law

Iran's legal system provides absolute protection to owners in such a way that negligence of the owner has no effect on his right. This issue is discussed both in non-registered and registered documents. The result of this is the increase in negligence of the owners as, sometimes the cause of victory in a lawsuit is citing the negligence, and sometimes due to the lack of development of registration facilities, owners cannot be informed of the occurrence of the crime timely and take preventive measures. Negligence of the owners makes committing the crime of transfer of other’s property easy and so, trading order and social welfare will decrease. Due to the difficulty of committing crime. obligation to protect his right imposes a lower enforcement costs on the society and will reduce crime and lawsuits. This duty contains the necessity of announcing transactions and taking care of the properties and preventing encroachments of others. According to Sharia’s texts, imposing this duty is not against the Sharia. The penalty for violation of this duty could be, as the case may be, inadmissibility of non-registered documents as an evidence of current ownership lonely and sometimes confiscation of property from the owner. However, imposing such a duty requires the provision of facilities that, unlike registration formalities, have the characteristics of ease and speed.