نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
The dispute over the holder of a private and notarial document is a familiar name in the Iranian legal system and has a history of one hundred years in the Iranian legal system. Which group is really right? What can be understood from legal texts indicates that this dispute is endless. Judicial procedure, in complete harmony with this endless litigation, had chosen two different methods. On this basis, achieving uniformity of method, or in other words, finding an answer to the question of how to discover the owner of immovable property, had become an unattainable ideal. With the enactment of the Law on the Requirement to Register Real Estate Transaction approved on 2024, the Expediency Discernment Council was given a bright light, and the legislator stopped talking nonsense and, for the first time in the last century, joined a group that considers the owner to be the holder of the registered title deed. Of course, in an effort to avoid accusations of bias, however, they also introduced a compromise mechanism for holders of private documents, termed “the price dispute at the daily rate”. An institution that will be analyzed in depth in this article to answer the question whether its emergence marks a mere coincidence or represents a small part of fundamental paradigms of Iranian law.
کلیدواژهها English
