Document Type : research
Authors
1
Ph.D. student of private law, Faculty of Law and Political Science, Khoramabad Branch, Islamic Azad University, Khoramabad, Iran.
2
Assistant Professor, Department of Private Law, Faculty of Law and Political Science, Khorramabad Branch, Islamic Azad University, Khorramabad, Iran
3
Assistant Professor, Department of Private Law, Faculty of Law and Political Sciences, Khorramabad Branch, Islamic Azad University, Khorramabad, Iran.
4
Assistant Professor, Department of Private Law, Faculty of Law and Political Science, Khorramabad Branch, Islamic Azad University, Khorramabad, Iran.
10.22034/ejs.2024.462094.1834
Abstract
Background and purpose: The provisions of articles 22, 46 and 47 had caused disagreements between lawyers and courts and judicial procedure. The purpose of this article is to investigate new developments in the registration of real estate contracts.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: There was a difference of opinion regarding the validity of the sale of immovable property with a normal document. With the approval of Articles 147 and 148 of the Registration Law as well as the Law on the holders of ordinary documents to validate their ordinary documents by referring to the courts of law, and the validity of Articles 22, 47 and 48 of the Registration Law is only in It is for proof, in other words, the courts are obliged to give credit to official documents and they cannot refuse to give credit to these documents.
Result: The result is that after the entry into force of the plan to officially register real estate transactions approved in 1403 and one year after the creation of the system that will be created by the Real Estate Registration Organization, lawsuits regarding the ordinary document not registered in the system, in judicial, quasi-judicial, arbitration courts. Administrations and executive bodies will not be heard and will not be accepted.
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