نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The Law on the Mandatory Registration of Immovable Property Transactions (enacted 2024) was adopted to structure transactions involving immovable property and related informal documents by requiring the registration of any legal act concerning such property in the System for Organizing Informal Documents. This aims to grant validity to transactions before judicial and quasi-judicial authorities. However, despite intentions to create order, prevent crime, reduce tax evasion, and facilitate legal processes, the law's implementation has led to significant legal challenges. This is especially evident in the family domain, where sensitivities are heightened, and issues relating to the enforcement of mahriyeh and its intersection with family law have become particularly important. This article, through a critical and practical approach, addresses two main challenges at this intersection: First, it analyzes the validity of informal documents created before the law’s enactment and the process for assets without a registration history included in the husband’s asset list by enforcement offices. It also critically examines the inconsistent judicial treatment of such assets when introduced in family courts for enforcing mahriyeh. Second, it studies the legal challenges associated with registering immovable property as mahriyeh and its enforcement. After reviewing these issues, the article proposes practical solutions aimed at reducing conflicts between the registration law and family law and enhancing legal certainty for the enforcement of the wife’s mahriyeh rights.
کلیدواژهها English
