نوع مقاله : مقاله پژوهشی
1 دانشجوی دکتری حقوق خصوصی دانشگاه شهید بهشتی، تهران، ایران.
2 دانشیار دانشکده حقوق، دانشگاه شهید بهشتی، تهران، ایران
عنوان مقاله [English]
Property, as one of the fundamental human rights, is inviolable and respectable. Real estate identification and registration of owners and stakeholders is a purposeful effort to create psychological, economic and legal security in the community. The study of the legal system of developed countries shows that coherent and efficient laws in this regard have been prepared and serious supervision has been done for its implementation. In Iran, too, the failure of registration to provide property security due to the prevalence of Informal transactions has necessitated the reform of land registration regulations, and the “Project to oblige the official registration of real estate transactions" is the result of this necessity. The project, which was approved on May 20, 2016, has been returned to the parliament for amendment by the Guardian Council. But to what extent can this plan be effective in securing a secure real estate market? The answer to this question is the subject of the present article, which, after expressing the positive and negative points of the project, is done by thematically evaluating it in a comparative approach with other land registration systems. This study, which was conducted in an analytical-critical manner, shows that the above plan, despite its positive points, will not be completely successful in ensuring property security, assuming that it is approved in the current situation by the Expediency Council.