نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
One of the significant issues in the field of real estate transactions is the conflict between notarial and private documents. This arises because a buyer holding a later notarial deed, relying on the registration system and having followed legal procedures, completes the transaction; while on the other hand, a buyer with an earlier private deed, based on the principle of freedom and the sovereignty of will, also completes a transaction and is able to substantiate their claim with Islamic evidentiary proof. Therefore, in this descriptive-analytical study based on existing sources, the opinion of the jurists of the Guardian Council’s Jurisprudential Consultative Assembly regarding the validity of private deeds in real estate transactions in cases of conflict with notarial deeds, and the inconsistency of Articles 22, 46, 47, and 48 of the Registration Law with Sharia provisions have been examined. Despite the sharia arguments presented by the aforementioned Council, considering harmful outcoms, the possibility of contradiction between private and notarial deeds, and the necessity of preserving and enhancing judicial order and security in society, the legislator’s effort to enact the “Parliamentary bill for Enhancing the Validity of Notarial Deeds,” based on an approach aimed at maintaining and promoting social and economic order and the theory of the entitlement of notarial deeds and the doctrine of public confidence, is justifiable.
کلیدواژهها English