The Foundations of the Institution of Waste in Law and its Application: A Strategy for the Protection of the Official Document

Waste in law is compared to actual waste. The intention is that in some conditions, in terms of the effects and rulings related to referring to a property, a factual property that is not wasted have a same interpretation in law as it is with a wasted property. This has faced several jurisprudential and legal challenges, and at the same time, it has positive effects in terms of supporting the official document and ultimately reducing lawsuits. In this research, it is studied that how possible is to use the institution of waste in law to defend the last official document against normal documents and in general the normal contract of the previous one. Therefore, the expansion of the institution of waste in law should be supported from different angels: First, to support the Real Estate and Documents Registration Law and its various articles, including the article (22), (46) and (47). Second, to support the bona fide buyer who trusted the official document and purchased the property through all the legal formalities. Thirdly, the possibility for the injured person (natural/legal transferee) to refer to the person from whom the property was directly transferred (normal) to claim compensation, and there is no need to disturb the order regarding contracts that are official, in good faith and are bound by laws and regulations.