The Analysis of the Absolute Authenticity of Official Documents in the Light of Permanent Regulations of Development Plans Act

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TABATABAEI SEYYED MORTEZA; Sadat Akhavi Seyyed Mohsen

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Journal: THE JUDICIARY’S LAW JOURNAL Year:2020 | Volume:83 | Issue:108 Page(s): 119-134

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Title

The Analysis of the Absolute Authenticity of Official Documents in the Light of Permanent Regulations of Development Plans Act

Author(s)

TABATABAEI SEYYED MORTEZA | Sadat Akhavi Seyyed Mohsen | Issue Writer Certificate

Keywords

Immovable propertyQ2

Non-official documentQ1

Official propertyQ1

Official documentQ1

Abstract

Documents are one of the most important proofs of the lawsuit. Official document/fa?page=1&sort=1&ftyp=all&fgrp=all&fyrs=all" target="_blank">Non-Official documents are authentic and valid, but in compare to the Official documents, the latter has a certain positive validity and a dominant power in different legal systems. By the Law on the Registration of Documents and Real Estate (act 1931) the registration of documents for all transactions concerning the interests of Immovable property was compulsory. Following the implementation of this law, and in the light of the issuance of different judicial opinions in this regard, the law of Permanent Rulings on Development Plans of the Country was passed in 2017. Article 62 of this law deals with the validity of regulatory documents and is limited to transactions involving Immovable property and does not rule out formal ownership. The last part of Article 62, i. e. "Except for documents that are based on the recognition of a court having a religious validity. . . " acts as an exception, and is a new order that is ambiguous and may lead to the elimination of the original function of the Official documents in the community. In order to address these ambiguities and to give a suitable interpretation of Article 62, it is necessary to distinguish between property rights and contract rights. It can be said that as long as the Official document/fa?page=1&sort=1&ftyp=all&fgrp=all&fyrs=all" target="_blank">Non-Official documents aren’ t in contrary with the rights of the holder of an Official document, they are valid. But if it happens that they confront the ownership rights of the owner of an Official document then they are no longer a source of ownership transfer. Therefore, they aren’ t judicially accepted and cannot be in conflict with Official documents.

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APA: Copy

TABATABAEI, SEYYED MORTEZA, & Sadat Akhavi, Seyyed Mohsen. (2020). The Analysis of the Absolute Authenticity of Official Documents in the Light of Permanent Regulations of Development Plans Act. THE JUDICIARY’S LAW JOURNAL, 83(108 ), 119-134. SID. https://sid.ir/paper/138014/en

Vancouver: Copy

TABATABAEI SEYYED MORTEZA, Sadat Akhavi Seyyed Mohsen. The Analysis of the Absolute Authenticity of Official Documents in the Light of Permanent Regulations of Development Plans Act. THE JUDICIARY’S LAW JOURNAL[Internet]. 2020;83(108 ):119-134. Available from: https://sid.ir/paper/138014/en

IEEE: Copy

SEYYED MORTEZA TABATABAEI, and Seyyed Mohsen Sadat Akhavi, “The Analysis of the Absolute Authenticity of Official Documents in the Light of Permanent Regulations of Development Plans Act,” THE JUDICIARY’S LAW JOURNAL, vol. 83, no. 108 , pp. 119–134, 2020, [Online]. Available: https://sid.ir/paper/138014/en

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