Effects of the Enactment of the Law on Mandatory Official Registration of Real Estate Transactions in Relation to Existing Laws on the Registration of Real Property Transactions
Keywords:
official deed, informal documents, real estate transactions, Registration Act, Act on Determining Legal StatusAbstract
The Law on "Mandatory Official Registration of Real Estate Transactions," enacted in 2021, constitutes a fundamental transformation in the Iranian legal system. It was adopted with the objective of addressing recurrent property disputes, reducing forgery and conflicting sales, and increasing transparency in the real estate market. By mandating the execution of official deeds for all contracts concerning the ownership or usufruct of immovable property, this law has significantly diminished the evidentiary value of informal documents such as private contracts and preliminary sale agreements in establishing ownership. Furthermore, its effects on prior legislation—including the Registration Act, the Civil Procedure Code, and the Act on Determining the Legal Status of Land Without Official Title Deeds—are substantial. These effects have resulted in changes to judicial jurisdiction, registration procedures, and protective policies. Using a descriptive-analytical method, this article examines various aspects of the law, analyzing its legal, social, and practical implications in comparison with previous statutes, and elucidating the challenges and requirements of its implementation. Finally, it proposes solutions for the fair and effective enforcement of this law, ensuring the protection of citizens' rights and the realization of registration justice.
References
Adabi, H. R. (2021). Specialized registration law. Tehran: Jungle Publications.
Anjidini, N. (2022). The impact of the obligation to officially register transactions of immovable properties on contracts related to immovable properties Master's thesis, Private Law, Imam Reza International University].
Asgharzadeh Batab, M. (2011). Practical registration law: Lawsuits and objections related to properties in Tehran. Majma Scientific and Cultural Majd.
Bagheri, M., & Satari Faraji, M. (2015). The process and procedure of property registration and issuance of ownership documents for properties without documents. Second National Conference and First International Conference on New Research in Humanities.
Bahrami, D. (2012). Property registration law in Iran. Tehran: Mizan Publishing.
Bahri, I. (2020). Critique and review of the law determining the status of registered lands and buildings without official documents. National Conference on Management and Humanities Research in Iran.
Haeri Shah Bagh, S. A. (2023). Commentary on the Civil Code (Vol. 2). Ganj Danesh.
Hassan Zadeh, B. (2011). Analytical law of lands and properties. Tehran: Jungle Publications.
Hosseini, S. M. R. (2008). Civil law in judicial practice. Majma Scientific and Cultural Majd.
Katouzian, N. (2016). Civil law of property and ownership. Mizan, Tehran.
Khodapanahi, M., & Salari, H. (2024). The impact of the law requiring the preparation of official documents for immovable properties on the law determining the status of lands and buildings without official documents.
Shahidi, M. (2024). Civil law. Majd, Tehran.
Shahri, G. R. (2018). Registration law of documents and properties. Tehran: Jihad University.
Tabatabai Hisari, N. (2014). Foundations and effects of the property registration system. Tehran: Public Shareholding Company Enteshar.
Talebzadeh, S. M. (2013). Registration law. Tehran: General Office for Codification of Laws and Regulations of Tehran Municipality.
Downloads
Published
Submitted
Revised
Accepted
Issue
Section
License
Copyright (c) 2024 Farzaneh Dastjani Farahani (Author); Seyyed Mehdi Mirdadashi; Hosein javar (Author)
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
