نوع مقاله : مقاله علمی پژوهشی
نویسنده
دانشگاه علوم قضائی و خدمات اداری،تهران،ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The enactment of the registration code in 1310 SH caused two major changes in the traditional sale of real estates system. The first change occurred with the decline of the proprietary effect of the contract of sale and the occurrence of the transfer effect by registering at Real Estate Registration book;The second change also formalized the sale of real estate on the basis of the requirement to formally conclude real estate transactions. Following the announcement of the Advisory opinion No. 95/102/2664 of the Guardian Council and Art.62 of the Permanent provisions of the country's development plans Code in 1395 SH, the private document approved by the court was considered valid and and expressive of the sale of immovable property,such as official document.However,lack of determination of the Council and Parliament have left the audience with an ambiguity in identifying the scope of the advisory opinion and Art.62.,and raises the question of whether the validity of the Real Estate Registration book - which is based on Art.22 of Registration act as the only reason for proof of ownership- is destorted with the said opinion and article,like obligation to create official document, or proof of ownership is done only by registering at this book. In this study, based on a descriptive-analytical method and in the framework of library studies and reference to documents, we came to the conclusion that what that is the subject of extinction is the obligation to create official document in real estate sale and proof of ownership by registering at registration book is considered as the basic rule of the Iranian land registration system,which is subjectly outside the scope of extinction and still in forced.
کلیدواژهها [English]
)