Studies on Registration Law

Studies on Registration Law

Non-fungibles dispute: A Major Step in Creating Permanent Reconciliation in the Dialectic of Private and Notarial Documents(Analysis of Article 10 of the Law on the Requirement to Register Real Estate Transactions)

Document Type : Original Article

Author
Seyed Rasoul Mirnejad
PhD student, Department of Private Law, University of Judicial Sciences and Administrative Services, Tehran, Iran
10.22106/rlr.2025.2065117.1108
Abstract
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.
Keywords
Non-fungibles Dispute
Holder of Private Document
Notarial document
Mixed Decision
Studies on Registration Law
Volume 3, Issue 2
February 2026