Real Estate Registration Rights
Seyyed Mohsen Razavi Asl
Abstract
The supervisory board located in the General Directorates of Deeds and Real Estate Registration as a dedicated authority for administrative proceedings plays an important role in resolving disputes and registration errors, and during these proceedings, it is in accordance with the provision of "not violating ...
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The supervisory board located in the General Directorates of Deeds and Real Estate Registration as a dedicated authority for administrative proceedings plays an important role in resolving disputes and registration errors, and during these proceedings, it is in accordance with the provision of "not violating anyone's rights" contained in clauses 4 and 6 of the article 25 of the registration law requires the relevant registration units to certify this condition and in this article, which has been done in a descriptive and analytical way and using the library method, it has been shown that this certificate is one of the examples of the obligation to us due to the conceptual scope and examples of rights and damages, and according to Article 13 of the Comprehensive Demarcation (Cadastre) Law of the country, it was concluded that the legislator in this article, by stating the stipulation "not to violate the rights of the neighbors", intended to express his last will and stated that in the handling of disputes and errors in registration, It should be checked whether by correcting the said mistake or dispute, there will be a disturbance to the rights of the neighbors or not? And in order to meet this condition, solutions such as local inspection of the requested property and its neighbors, checking their registration records, preparing an official declaration with the neighbors and also obtaining a certificate of non-encroachment on the adjacent streets from the relevant municipality can be effective.
Real Estate Registration Rights
Seyyed Mohsen Razavi Asl
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 ...
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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.
