Examination of the Law on Mandatory Registration of Immovable Property Transactions

Message:
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:

The legislator considers transactions with ordinary documents as valid and legitimate, but with respect to immovable property, this validity is conditional upon the formal registration process. Based on this, a bill was passed in the Parliament that mandates the formal registration of immovable property transactions, which remains a subject of dispute between the Parliament and the Guardian Council. One of the challenges associated with this issue is the increase in forgery and fraud related to documents. This study is applied in nature and has been conducted using a documentary method by examining laws and credible sources, with the information analyzed descriptively and analytically. As a result, the bill on mandatory registration of immovable property transactions was introduced in the Parliament on January 2, 2017 and approved on May 20, 2020. However, after the bill was sent to the Guardian Council for approval, it faced objections. Alongside the significance, validity, and evidentiary power that document registration brings, it also has functions such as promoting ethical and social well-being in society, ensuring transaction transparency, and reducing litigation in judicial courts.

Language:
Persian
Published:
Comparative Studies in Jurisprudence, Law, and Politics, Volume:5 Issue: 4, 2024
Pages:
161 to 171
https://magiran.com/p2793240