Abuse of the right in the law of registration of documents and real estate and its relationship with public order

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Azadeh Ranjbar Fariba; Anjom Shoa Mohammad Mahdi

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Journal Paper

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Journal: Judgment Year:2025 | Volume:24 | Issue:4 (پیاپی 120) Page(s): 83-101

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Information Journal Paper

Title

Abuse of the right in the law of registration of documents and real estate and its relationship with public order

Author(s)

Azadeh Ranjbar Fariba | Anjom Shoa Mohammad Mahdi | Issue Writer Certificate

Keywords

Article 40 of the Constitution

Right

rule of prohibition of abuse of rights

Legal Sanction

Abstract

To prevent individuals from abusing their Rights, the rule of prohibition of abuse of Rights has been established in legal systems, and depending on the specific context, distinct legal consequences have been prescribed. One of the most significant legal foundations in this regard is Article 40 of the Constitution. The issue of abuse of Rights within the framework of registration law merits careful consideration. Individuals may misuse their legal Rights during the process of registration, which can lead to fraudulent activities and legal disputes. Accordingly, the following questions must be addressed: first, what is meant by abuse of Rights in registration law, and how is it related to public order? Second, what are the instances of abuse of Rights under the Registration Act? Finally, what are the Legal Sanctions applicable to such abuses? The findings of the study concerning the first question indicate that the rule of prohibition of abuse of Rights is regarded as one of the bases of civil liability and, in a sense, defines the boundaries of lawful exercise of Rights. Therefore, similar to the rule of public order, it acts as a limitation on the principle of freedom of will, preventing the exercise of Rights that would cause harm to others. Prominent examples of this rule in the Registration Act can be found in Articles 43 and 45. Ultimately, the legislator has prescribed a combination of Legal Sanctions to deter the abuse of Rights, including a common remedy (compensation for damages) and several distinct measures (criminal penalties, annulment of registration, and validation of registration).

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