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Author(s): 

TABATABAEI HESAREI N.

Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2010
  • Volume: 

    40
  • Issue: 

    2
  • Pages: 

    219-237
Measures: 
  • Citations: 

    1
  • Views: 

    4412
  • Downloads: 

    0
Abstract: 

Registration institution guarantees economic and legal security. Human societies always noted this point and created several Registration systems. Land title Registration should be simple, reliable and well suited to the society it serves. With regard to social conditions, every society fallows from one of these systems.Iranian Registration system has enough capacity to establish legal security, but doesn't overlap with owners, government, and society's interests and there are some problems and challenges that require amending Registration laws. Then it must to submit exact solutions that terminate challenges about interpretation and application of Registration regulations. In this thesis, among comparative perspective, is tried to determine the sort of Iranian Registration system about real properties and submitted some solutions and recommendations.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

TABATABAI HESARI NASRIN | SADEGHI MOGHADAM MOHAMMAD HASAN

Issue Info: 
  • Year: 

    2016
  • Volume: 

    6
  • Issue: 

    2
  • Pages: 

    677-698
Measures: 
  • Citations: 

    0
  • Views: 

    5098
  • Downloads: 

    0
Abstract: 

Guaranty of security of juridical act about Lands is a more important difficulties in every country. Disregarding the independence of Land Registration system from the system of civil law and disregarding bases and functions of Land Registration system has resulted in making mistakes by judicial doctrine and precedent in order to propose proper suggestions for solving the problems related to Land Registration system and to sanction for juridical acts about Lands.Whiles presentation every solution in this scope must be proper regarding to protective bases of owner and third parties and two functional characters of the Land Registration system including “informing” and “protective” features.Land Registration systems can be divided in constitutive Registration system and confirmative one. This classification means Land Registration in any case, has a very effective role in credit of judicial act about of Land although the degree of this effect is different depending on the system.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2013
  • Volume: 

    4
  • Issue: 

    1
  • Pages: 

    137-154
Measures: 
  • Citations: 

    0
  • Views: 

    1440
  • Downloads: 

    0
Abstract: 

Access to exact and reliable information about the Land and knowledge of legal situation of Land during of transaction is very important. The person that wants acquire a Land, he spends charges for achieving of information but sometimes these efforts don’t result to consequence and it is possible that transferee confronts whit person who isn’t owner or who does opponent transactions.Omission of this difficulty is one of basis of creation of Land Registration systems. Registration system must prepare possibility of protection of transferees registered rights against unregistered transactions. This system must prepare possibility of rapid and exact achieving to legal situation of Land for interested persons. This role of Land Registration system, including informing and protective features, is named “right of access to information” that its limitation is determined by act but this function must be operated via does not breach of right to privacy.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

ZEVENBERGEN JAAP

Issue Info: 
  • Year: 

    2004
  • Volume: 

    1
  • Issue: 

    -
  • Pages: 

    0-0
Measures: 
  • Citations: 

    1
  • Views: 

    128
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    4
  • Issue: 

    10
  • Pages: 

    207-235
Measures: 
  • Citations: 

    0
  • Views: 

    334
  • Downloads: 

    0
Abstract: 

As a result of incorrect Registration information, if persons who acted on the basis of this information are damaged, according to the general rules, the injured party must claim compensation for that damage by filing a lawsuit then proving the elements of civil liability. Given the difficulty of proving these elements, as well as the possibility of injurious' financial inability, will not guarantee that the injured party will be fully compensated. This result will ultimately be to the detriment of persons who have trusted and acted on the Registration system. Therefore, in the legal system of Australia and then, the United Kingdom, a mechanism called Insurance Principle was created. This principle, by guaranteeing the financial value of Title lost as a result of incorrect Registration information by the government, prevents the loss of public trust in the Registration system and the damage to persons. This research has been written in descriptive, analytical and historical methods, also using authoritative library and electronic sources and it is examined the history of Insurance Principle in Australia and the United Kingdom, under what conditions the economic security of registered Land title is guaranteed in the Registration system, on what basis was it established and what will be the consequences of its realization. Also, by examining the Iranian legal system, it is observed that the Insurance Principle has not been realized in the Iranian Registration system, therefore, it is proposed to the legislature to use this principle to achieve public trust in the Registration system.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Journal: 

Administrative Law

Issue Info: 
  • Year: 

    2021
  • Volume: 

    9
  • Issue: 

    28
  • Pages: 

    9-34
Measures: 
  • Citations: 

    0
  • Views: 

    51
  • Downloads: 

    0
Abstract: 

The role of Land Registration (L.R) in providing legal security is undeniable, but L.R, without reliance on the cadastre, fails to play this inherent role fully. Registration of property rights is known to be a fundamental element in alleviating poverty, securing a secure real estate market and achieving sustainable development. Increasing population growth, horizontal and vertical development of cities, social inequalities and environmental damage have necessitated a rethinking of past regulatory tools in the field of Land and its management. Effective Land management requires a spatial information infrastructure, and information principals is provided by the cadastral system of a country. Today, the reorganization of Cadastral systems and their continuous evolution for optimal Land management and dealing with the mentioned phenomena is inevitable. cadastre is influenced by the dynamics of the human relation with the earth, evolving over time conceptually as well as the relationship with the L.R. The transformation of cadastre from a technical tool into a socio-technical system and their convergence towards full integration is the result of this dynamic. The study of these developments and the interrelationship between L.R and cadastre in Iran and France is the subject of the present study, which is done by analytical-critical method and shows that the convergence of the two institutions in the studied countries has been achieved as "Full integration" and "Interrelationship", respectively. However, in terms of success in achieving the goals, the two countries are not on the same level.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    7
  • Issue: 

    24
  • Pages: 

    204-238
Measures: 
  • Citations: 

    0
  • Views: 

    10
  • Downloads: 

    0
Abstract: 

The Land Registration system is a critical database that individuals rely on for information about immovable property. A key feature of an efficient database is the comprehensiveness of its information, which is equally vital in Land Registration systems. Ensuring comprehensive Registration information has always been a concern for those overseeing Land Registration systems globally. Incomplete Registration data can lead to discrepancies between Registration information and the actual state of Lands, potentially causing public distrust and various negative repercussions.Historically, Land regulations have been intertwined with social considerations, presenting continual challenges for Land Registration systems. Social considerations often conflict with formalism and Registration laws. For example, in pre-Islamic Arab societies, where literacy was uncommon, documentation alone was insufficient to prove ownership, leading to hardships in transactions. Such historical perspectives in Islamic jurisprudence, which significantly influences Iran's legal system, pose challenges to encouraging individuals to register their Land.With societal development, the negative impacts of deficient Registration information became more evident, including transaction instability, fraud, boundary disputes, and difficulties in implementing macro policies due to unregistered Land. Efforts to overcome social considerations and ensure comprehensive Registration information have become more pronounced. Notably, Theodore Burton Fox Ruoff, head of the UK Land Registry in the 1960s and 1970s, introduced the "mirror principle," aiming to make the Land Registration system a reflection of all facts related to immovable property.Despite procedural similarities between the Land Registration systems of Iran and the UK, Iran lacks a comprehensive literature on the mirror principle. The challenge of Registration information deficiencies due to social considerations is common across all Land Registration systems, and Iran's system is no exception. This paper investigates whether Iran's Land Registration system has successfully achieved comprehensive Registration information for immovable property. It also explores the reasons behind any successes or failures, evaluates the UK's status in ensuring comprehensive Registration information through the mirror principle, and identifies UK practices that could benefit Iran's system.The research is structured into four sections: historical context and definition, theoretical basis, conditions and legal effects, and a comparative approach to the mirror principle in the UK and Iran. In the historical context and definition section, the paper delves into the evolution of Land Registration systems, highlighting the development of the mirror principle in the UK. The theoretical basis section examines the legal theories underpinning the mirror principle, emphasizing the importance of comprehensive and accurate information in Land Registration for ensuring legal certainty and protecting property rights. The conditions and legal effects section explore the practical implementation of the mirror principle, detailing the specific legal and administrative measures taken to ensure the accuracy and comprehensiveness of the Land register. This section also analyzes the legal implications of implementing the mirror principle, including the potential benefits and challenges associated with ensuring that the Land register accurately reflects the current state of property rights.During these sections, the paper shows that Iran's current regulations do not fully support the realization of the mirror principle. Historically, the policy of mandatory public Registration has not succeeded in encouraging Landowners to register their properties due to inadequate enforcement mechanisms and the non-essential role of Registration in legal transactions. Furthermore, numerous exceptions to mandatory Registration in Iran present significant obstacles to achieving the mirror principle.To improve the comprehensiveness of Registration information and achieve the mirror principle, several recommendations are proposed. First, the Registration process should be transformed, making Registration a prerequisite for any legal transactions. Non-registered deeds and informal agreements should be invalidated to enforce mandatory Registration. This would provide a strong incentive for Landowners to register their properties, ensuring that the Land register accurately reflects the current state of property rights.Second, future reforms should aim to minimize exceptions to mandatory Registration as much as possible, retaining only those exceptions where their existence is justified by critical reasons outweighing the broader goals of the Registration system. By reducing the number of exceptions, the comprehensiveness and accuracy of the Land register can be significantly improved, ensuring that it serves as a reliable source of information about immovable property.Achieving the mirror principle in Iran's Land Registration system is essential for ensuring public trust in its efficiency and protecting immovable property. The research underscores the need for regulatory reforms to address current deficiencies and adopt best practices from the UK’s system. Implementing the mirror principle would enhance the reliability of the Land register, providing a clear and accurate reflection of property ownership and rights. This, in turn, would facilitate more secure and efficient property transactions, reduce the risk of disputes, and support the effective implementation of macro policies related to Land management and development.In conclusion, the comprehensive implementation of the mirror principle in Iran's Land Registration system is crucial for ensuring the accuracy and reliability of Registration information, fostering public trust, and protecting property rights. The proposed measures aim to create a robust, comprehensive Registration system capable of meeting macro policies and effectively safeguarding individual property rights.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

TABATABAI HESARI NASRIN

Issue Info: 
  • Year: 

    2015
  • Volume: 

    5
  • Issue: 

    2
  • Pages: 

    483-508
Measures: 
  • Citations: 

    0
  • Views: 

    1364
  • Downloads: 

    0
Abstract: 

The system of Land Registration is protective formalism that is formed based on the theory of public confidence. This theory presumes that what reflected by the Land Registration offices is based on the legal fact. This theory, which provides legal stability and security in transactions, is manifested in three guiding principles including mirror principle, curtain principle and insurance principle; and offers an abstractive description to a Land Registration system. This character has different effects on diverse legal systems and can be studied for both positive and negative systems.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Journal: 

CULMINATION OF LOW

Issue Info: 
  • Year: 

    2023
  • Volume: 

    9
  • Issue: 

    1
  • Pages: 

    199-228
Measures: 
  • Citations: 

    0
  • Views: 

    49
  • Downloads: 

    15
Abstract: 

The efficiency of the Land Registration system is affected by several components that are divided into two internal levels and specific to each legal and fundamental system. At the domestic level, these components are affected by the structure of the domestic system, especially property law, but at the basic level, the commonalities of various legal systems are studied. The question is, what are the basic components and how is it achieved? In this paper, with a comparative study in the two Land Registration systems of Iran and the United Kingdom, after stating the basic components of Land Registration, which are: Simplicity in the process of registering real estate, granting legal and economic security to real estate, complete Registration of Land status, accuracy in registering Land information, public access to Registration information, independence of Land Registration system, low cost of real estate Registration, approach both systems were examined in realizing such components.The result shows that in both systems, all components are not strictly observed and in some cases there are shortcomings that need to be addressed.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

Tabatabai Hesari Nasrin

Issue Info: 
  • Year: 

    2025
  • Volume: 

    88
  • Issue: 

    128
  • Pages: 

    1-32
Measures: 
  • Citations: 

    0
  • Views: 

    81
  • Downloads: 

    0
Abstract: 

“The Registration of Land Transactions Requirement” Act (The Registration Requirement Act) was the last attempt of the legislator in the field of Land Registration with the two main goals of " to grant absolute validity to the title deeds” and “to invalid private deeds of transactions” that was approved on May 15, 2024. However, the question can be asked that the legal solutions provided in this Act - especially due to the numerous changes in its provisions in the approval process - to what extent can solve the existing legal problems in the field of Land transactions. and provide the two main goals mentioned above? The present article, based on the method of comparative research and referring to documents, along with the descriptive-analytical research method, with a critical attitude towards the approaches of this Act in solving the challenges of Land transactions, has come to the conclusion that on the one hand, due to the lack of coordination of sections of this Act with The type of Land Registration system outlined in the “Act of Registration of Documents and Real Estates (Land Registration Act), and on the other hand, the numerous changes that have taken place in the process of approving the Act, have largely deviated from the stated goals. Accordingly, in order to strengthen the efficiency of this Act, suggestions are made in the framework of "convergence between this and the Land Registration Act by revising the provisions of this Act with the basics of Iranian Land Registration system or drafting a new Land Registration Act within the framework of the Registration Requirement Act ", "redefining the principle of the necessity of Registration transactions with focus on the real rights”, "combating the entry of private deeds into the Registration system" and "preserving the validity of the title deeds issued before this Act" have been presented.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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