نوع مقاله : مقاله پژوهشی
دکتری فقه و مبانی حقوق اسلامی و مدرس حقوق ثبت موسسه آموزش عالی طلوع مهر قم
عنوان مقاله [English]
One of the important issues about real estate transactions is the opposition between certificate and normal document. Since the owner of posterior certificate has made a deal with trust on registration system and during the legal process. On the other hand, the buyer with preceding normal document has made a deal according to freedom principle and the rule of will and for his claimant has religious evidence. In this research according to existed sources and analytical descriptive method we have reviewed the jurists of the guardian council idea in the assembly of the guardian council about the validity of normal document of real estate transactions when there is an opposition with certificate and articles 22, 46, 47 and 48 of property registrations law with religious evidence and the legislator attempt to ratify '' formal credential promotion plan'' in a form based on saving and promoting social and economical order and to be right of certificate theory and public trust doctrine is justifiable according to jurisprudential reasoning of mentioned council and corrupt tally of opposition of normal document and certificate and necessity of judicial security and promoting order of society.