Validation of Ordinary Documents in Real Estate Transactions

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Moradbeygi Mohammad Hossein; Abedi Mohsen

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Journal Paper

Paper Information

Journal: International Journal of Advanced Studies in Humanities and Social Science Year:2023 | Volume:12 | Issue:4 Page(s): 324-348

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Information Journal Paper

Title

Validation of Ordinary Documents in Real Estate Transactions

Author(s)

Moradbeygi Mohammad Hossein | Abedi Mohsen | Issue Writer Certificate

Keywords

Immovable Property

Registration

Documents

Judicial Procedure

Abstract

In this article, the validity of ordinary Documents was examined in real estate transactions. Real estate transactions without setting up an official document are important issues that happen a lot. Today, most transactions that are regulated regarding Immovable Property are normal, and the conflict between social realities or Registration regulations, etc. has caused many problems in the society and especially in the courts of law. According to articles 46 and 47 of the document Registration law, many transfers regarding real estate interests must be registered. Otherwise, according to article 48 of the said law, such Documents will not be accepted in any of the departments and courts. Scholars and jurists have expressed different opinions regarding the validity of ordinary Documents in immovable transactions, and there is still no fixed and uniform Judicial Procedure between the courts. However, it seems that the courts have reached a consensus in some cases and adopted almost a fixed procedure. The interpretation of articles 46, 47, and 48 of the Real Estate Registration Law by lawyers and courts does not have the same unity, and on the other hand, the practice of courts and judges' interpretation of these articles are not the same and there are different opinions in this field.

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