Document Type : Original Article

Author

• Seyyed Mohsen Razavi Asl

Ph.D. of Jurisprudence and Principles of Islamic Law, Lecturer on Registration Law of Tolo Mehr Institute of Higher Education, Qom, Iran

Abstract

Considering the strictness of the legislator in accepting the request for registration of real estates that are subject to transactions with the right of restitution and accepting the request for registration of such properties from the transferor pursuant to Article 33 of the Registration Law, except in cases where the confirmation of the transfer- The giver or the decision of the judicial authority from the transferee of the transferee's request for registration is accepted - on the condition that the right of restitution expires and the transferee's ownership is certain and no objection is received - it is clear that the legislator of registration, transactions with the right of restitution is not included in the transfer of ownership transactions, and this issue indicates that in the registration law, transactions with the right of return and specifically, examples such as conditional sale, are not considered among the transfer of ownership items. Therefore, in this research, which was carried out with a descriptive-analytical method and a library method, this issue and the necessity of preserving the public interest from the point of view of the registration law, considering the prevalence of such transactions in the society, has been investigated, and such a result It has been concluded that although according to Iran's civil law and the opinions of Shia jurisprudence scholars, conditional sale and other types of transactions with the right of restitution are valid contracts, However, in order to protect the public rights of the people of the society and to prevent the abuse of the benefited people and the exploitation of the needy class of the society, according to the provisions of Article 33 of the Registration Law, the legislator has decreed that in the case of real estates that are subject to transactions with the right of restitution, even in If the return deadline has expired and the property is in the hands of the transferee, the transferor's request for property registration will still be accepted.

Keywords

• Conditional sale
• Peace of mind
• Transactions with the right of restitution
• Usurious transactions
• Registration law

Main Subjects

• Real Estate Registration Rights

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