نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Invalidation of the official title deed by the courts solely on the basis of civil rights, while disrupting the legal and psychological security of society, has a destructive effect economically. Registration is based on human actions. Therefore, despite all supervision and care, errors in the process of registering real estate and transactions, and even fraudulent registration of transactions, are possible. Since it cannot be stated that all information recorded in the registration books is in accordance with legal reality and correct, in order to be able to trust the information included in the aforementioned books, the principle of the inviolability of the title deed is needed. On the other hand, the principle of “insurance or guarantee” expresses the concept that if a property right is registered, it is guaranteed by the government. An economic analysis of the country’s registration system requires the acceptance of the insurance principle. In addition, the theory of public trust, the theory of the independence of the registration system, the theories of citizenship rights, civil liability based on risk, the principle of full compensation for damage, the principle of fairness in compensation for damage, the examination of explicit legal cases, the citation of the jurisprudential rule of no harm, the rule of reasonable restitution of property and reasonable redress of damage against public interests, the legal capacities of state compensation for damage suffered, and the legal analysis of the rule of Article 22 of the Registration Law are all principles supporting compensation for damage caused by registration errors instead of invalidating the title deed. The authors of this article also believe in the modified acceptance of the principle of "insurance" after adapting it to the country's registration and legal structure.
کلیدواژهها English