Arshian Fars Jurisprudential and Legal Journal

Arshian Fars Jurisprudential and Legal Journal

A study of the jurisprudential foundations and ideas of the law of obligation and the necessity of its compilation

Document Type : Original Article

Authors
1 Bachelor of Laws graduate
2 Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Islamic Azad University, Shiraz Branch, Shiraz, Iran
Abstract
A significant amount of lawsuits filed in judicial authorities are related to immovable property, including land, apartments, and others. One of the main and most important causes of these lawsuits and disputes is the failure to register transactions related to immovable property in the registration system; because ordinary documents are less reliable than official documents in terms of accuracy. Therefore, for a long time, a large part of real estate transactions have faced numerous and serious challenges due to the lack of official registration. The use of handwritten agreements and simple, non-expert contracts lacking legal and legal validity, as the usual and common methods of buying and selling property, has caused many problems for both individuals and the registration system, as well as for the law enforcement and judicial systems, due to the lack of transparency and official registration. As a result, instead of achieving peace of mind, which is the main goal of property transactions, individuals face long-term lawsuits in law enforcement and judicial authorities, frauds, and intermittent ownership claims. Therefore, there were many disputes between the parties regarding the transfer of properties with a regular title deed, properties without title deed, or properties with common title deed, as well as the transfer of properties with a regular deed. Therefore, the need for official registration of real estate transactions is felt as a correct legal solution to prevent these problems and on the other hand to create security for the parties to the transaction. The use and application of the law on determining the assignment of undocumented real estate is also a legal and legal solution to obtain a real estate document without an official document. The National Real Estate Registration Organization, which is in charge of this issue, In order to resolve these disputes and prevent any disruptions, including fraud, etc., the need for a law to prevent this problem was felt and a plan was put on the agenda to require the registration of immovable property transactions. Although this law was proposed in 1395, the plan was approved in 1403 and is about to be implemented.
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منابع و مآخذ:
منابع فارسی:
-       قانون اصلاحات ارضی
-       قانون ثبت اسناد و املاک ۲۱ اردیبهشت ۱۲۹۰
-       قانون ثبت اسناد و املاک ۲۶ اسفندماه ۱۳۱۰
 
منابع لاتین:
 
-        http://ijtihadnet.ir/
-        https://etarazoo.com/registering-official-document
-        https://fararu.com/
-        https://hadnegar.com/law-of-obligation
-        https://mahzarchi.ir/news/ssaa-news/20571/
-        https://wikihoghoogh.net/wiki
-        https://www.hamvakil.com/anon
-        https://www.isna.ir/news/1403070907439
-        https://www.mizanonline.ir/