The Effect of Registration in Relation to Estate Ownership from the Perspective of Iranian and British Legal Systems with a View to Public Ethics and Judicial Health
Clarifying the effect of registration on Estate ownership based on current necessities and legal capacities, in addition to a theoretical approach, has special importance in guiding policymakers and preparing legal and executive mechanisms. In this study, taking into account the role of estate registration and the importance of its effect in realizing or proving ownership, especially from the perspective of providing the components of public ethics and judicial health, the approach of the two legal systems of Iran and England was investigated.
The current research has been carried out by descriptive-analytical method and using library (documentary) resources.
Ethical Considerations:
In writing this article, the principles of ethics in research, especially trustworthiness in citing texts and preserving the originality of the article, have been considered.
Estates registration can provide the goals of registration laws in the fields of security, justice and judicial health if it has a creative effect (ascertaining) in the realization of ownership. This is clearly foreseen in English law and can be deduced from the registration regulations in Iranian law.
In English law, while using the effective and transparent method of electronic registration along with the adoption of a hybrid creation system, property registration and the inclusion of names of persons will lead to the transfer of ownership rights of estate and the possibility of legal possessions in the property. In Iranian law, various interpretations of registration regulations and reference to other laws have caused various theories and approaches, but considering the aims of the registration legislator and the necessities of property registration in the fields of public ethics and judicial health, there should be a causing effect for registration and registration procedures of estates.
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