نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
The Law on the Requirement to Register Real Estate Transactions has established a framework under which claims related to unregistered transactions—where registration was legally required—shall be deemed inadmissible. This inadmissibility or dismissal of claims, particularly in actions for restitution of reciprocal considerations (Replevin lawsuit to recover goods), creates a presumption that such claims are automatically barred. Although the legislature has explicitly stipulated that the conditions for restitution must be verified in replevin lawsuit cases, the supremacy of the right to legal recourse (right to action) over all procedural and substantive aspects necessitates an interpretation whereby even the inadmissibility of claims remains contingent upon: Verification of applicability – Whether the 2024 Law governs the transaction in question; and Proper implementation – Whether the registration system was correctly enforced. Thus, the inadmissibility under this law should be construed as a substantive ruling (on merit). While primarily serving as a judicial oversight mechanism to ensure: Proper functioning of the registration system, and Compliance with statutory requirements, it remains subject to judicial review at higher courts upon request by an interested party.
کلیدواژهها English