Jurisprudential considerations of registration in the acquisition of immovable property

Subject Areas : All jurisprudential issues

Mohammadalabdalsaleh Shahnoosh forooshani ¹

1 - Visiting lecturer in jurisprudence and law at Institute for Management and Planning studies, affiliated to the Vice Presidency for Strategic Planning and Control, Tehran. Iran.

Received: 2021-10-06 Accepted : 2021-10-21 Published : 2021-11-09

Keywords: sale of real estate, no harm rule, Registration of ownership,

Abstract :

The importance of land and real estate in general, among other property that human beings deal with, has caused this property to be the subject of many conflicts between people in society;.The different legal systems have each tried to provide a solution so that the buyer can be sure of the absence of an adversarial transaction and facilitate access to information related to the ownership of real estate that is necessary for economic policy. This article tries to answer the following questions: Can the sale be made conditional on its registration? Can the transfer of ownership be made subject to sale? Can a transaction that has not been registered by the government be considered unreliable? Can a document of transaction or ownership of immovable property be considered only as proof of ownership? It has been suggested that if the solution to the problem is unique in the current situation in using the official property registration system, the capacity of the Soltanieh rulings at the disposal of the Islamic ruler should be used to legitimize it.