نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Article 10 of Iran’s Law on Mandatory Registration of Real Estate Transactions creates a transitional mechanism for claims concerning ownership and other registrable interests that lack an official deed. The central question concerns the legal nature and effects of recording such a claim on the statutory platform: does registration create or prove a proprietary right, or does it merely preserve the claimant’s position within the statutory path toward formalization? Using a descriptive-analytical and normative reading of Article 10, with the implementing regulation treated only within the limits of the statute, this article distinguishes claim registration from title registration. It argues that registration does not create ownership or substitute for adjudication by the competent authority, while timely registration has procedural consequences insofar as those consequences are grounded in Article 10 itself. Chronological priority on the platform does not independently create priority in ownership; overlapping claims remain matters for substantive adjudication. Protection of third parties must likewise be traced to the statutory combination of official title and good faith. Finally, the regulation may explain the manner of implementation but cannot independently enlarge the statutory scope of claims or create restrictions on access to adjudication beyond the law.
کلیدواژهها English