CLAIMS OF POSSESSION AND DISPOSSESSION IN DIFFERENT REGISTERING STAGES IN IRANIAN LEGAL PROCEDURE

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FAGHIHINEZHAD MAHDI; BABAEI FORDOUEI SOMAYEH

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Paper Information

Journal: THE JUDICIARY’S LAW JOURNAL Year:2010 | Volume:74 | Issue:70 Page(s): 33-67

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Information Journal Paper

Title

CLAIMS OF POSSESSION AND DISPOSSESSION IN DIFFERENT REGISTERING STAGES IN IRANIAN LEGAL PROCEDURE

Author(s)

FAGHIHINEZHAD MAHDI | BABAEI FORDOUEI SOMAYEH | Issue Writer Certificate

Keywords

POSSESSIONQ3

DISPOSSESSIONQ3

LEGAL PROCEDUREQ1

REGISTRATION OPERATIONSQ3

CONDOMINIUM POSSESSIONQ3

PARTITIONQ1

Abstract

Although it is a long time since the advent of quiet title claims in Iranian legal system, legal complexity and disagreement regarding proceeding or denying this claim has not been quite removed yet and the LEGAL PROCEDURE has not reached a certain result concerning subject. Meanwhile the verdict of Full Bench of the Supreme Court stating that disPOSSESSION of immovable properties is secondary to POSSESSION and claiming the disPOSSESSION before POSSESSION proof is not acceptable has not only not ended the disagreement but also raised it. Issuing this verdict has caused many courts to consider the disPOSSESSION claim contingent upon POSSESSION proof via registered official documents or peremptory POSSESSION verdict of court and oblige the plaintiff of the disPOSSESSION or similar claims, to show them and otherwise deny the claim; while showing these documents may be subject to difficulty or excuse. It is suitable to distinguish among properties in different registration conditions and not to always oblige the plaintiff to show these documents. This prevents initiation of complex and sometimes useless claims in courts.

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APA: Copy

FAGHIHINEZHAD, MAHDI, & BABAEI FORDOUEI, SOMAYEH. (2010). CLAIMS OF POSSESSION AND DISPOSSESSION IN DIFFERENT REGISTERING STAGES IN IRANIAN LEGAL PROCEDURE. THE JUDICIARY’S LAW JOURNAL, 74(70), 33-67. SID. https://sid.ir/paper/137909/en

Vancouver: Copy

FAGHIHINEZHAD MAHDI, BABAEI FORDOUEI SOMAYEH. CLAIMS OF POSSESSION AND DISPOSSESSION IN DIFFERENT REGISTERING STAGES IN IRANIAN LEGAL PROCEDURE. THE JUDICIARY’S LAW JOURNAL[Internet]. 2010;74(70):33-67. Available from: https://sid.ir/paper/137909/en

IEEE: Copy

MAHDI FAGHIHINEZHAD, and SOMAYEH BABAEI FORDOUEI, “CLAIMS OF POSSESSION AND DISPOSSESSION IN DIFFERENT REGISTERING STAGES IN IRANIAN LEGAL PROCEDURE,” THE JUDICIARY’S LAW JOURNAL, vol. 74, no. 70, pp. 33–67, 2010, [Online]. Available: https://sid.ir/paper/137909/en

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