نوع مقاله : مقاله پژوهشی
قاضی دادگستری تهران و دکتری حقوق خصوصی
عنوان مقاله [English]
One of the most important economic assets that causes many disputes for people in the society is real estate. For this reason, advanced legal systems have established special regulations to organize ownership documents. In Iran's legal system, despite the passage of a long time and the passing of several laws, which is the last will of the legislator under the title "The Law of Permanent Decrees of the Country's Development Programs", an objective and specific criterion has not yet been provided regarding the validity of official documents. Legal doctrines have also analyzed the angle of this legal challenge, and sometimes they have tried to provide a solution by referring to other legal systems. The judicial procedure has also become confused in such a way that it could not fulfill its mission, which is to remove ambiguity and prevent the issuing of contradictory opinions. The present study intends to answer the question with a descriptive-analytical method, that in order to identify the absolute validity of notary documents against normal documents, it is necessary to refer to the origin of the issuance of the ownership document? Considering the lack of legal resources, the most logical solution is to amend the law. But until then, by interpreting the principles of the set of laws and taking into account the privileges of notarial documents, an objective and specific criterion should be determined as a rule to solve the current legal challenge, which is the identification of notarial credit in an absolute way. This credit can be violated only in cases of legal authorization. Contrary to the opinion of some jurists, the recognition authorities, regardless of the origin of issuing documents, must independently give legal validity to official documents of ownership and in cases of ambiguity, interpret the laws in favor of validating notarial documents.