نوع مقاله : مقاله پژوهشی
نویسندگان
1 استاد یار دانشکده حقوق و علوم سیاسی، دانشگاه تهران (پردیس فارابی)، قم، تهران.
2 کارشناسی ارشد حقوق ثبت اسناد و املاک، دانشکده حقوق، دانشگاه تهران (پردیس فارابی)، قم، ایران.
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
Ownership right is the most important and complete financial rights that a person can have in a society; The most common means of Acquisition mentioned in Article 140 of the Civil Code are contracts. One of the most important proofs of claims is the deed, which is divided into two categories of normal and official under Article 1286 of the Civil Code. Despite the great value and importance that civil law has given to official deed, it is not possible to find an article that indicates the invalidity of ordinary deed. Approval of the Law on Registration of Deeds and Properties, especially Article 22, 46, 47 and 48 raised doubts about the lack of credibility of ordinary deed regarding Immovable property which continues to exist despite its approval for a long time and even Article 62 of the Permanent Provisions of Development Act has failed to end the challenge of invalidity of ordinary deed. Absolute accreditation of ordinary deed of land and property transactions and consequently the instability of ownership right and lack of attention to the importance of fixing it led to many economic and legal problems that can be an alarm for the community. The importance of ownership right for human in society and the necessity of its establishment gave credence to the present study. For this purpose, while studying the formation of a registration system in French law and the position of registration in Iranian law and examine the current approach of the legal system based on the validity or invalidity of ordinary deeds in immovable property transactions, we have been looking for a way to establish the right to private ownership. The result indicates the possibility of validity of ordinary deeds (merely by court order) and its acceptance as an "effective proof of claim" unless it conflicts with the official deed. Before amending the relevant laws, the only way to deal with the harmful results of accreditation to ordinary deeds is to use the "appropriate interpretation of existing laws" to enhance the status of official deeds.
کلیدواژه‌ها [English]
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