Volume 27, Issue 3 (2023)
CLR 2023, 27(3): 113-136 |
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Houshmandi S, Ghanavati J, Hosseinzadeh J. A Comparative Study of the Ownership Transfer System of
Immovable Property in Iranian and German Law. CLR 2023; 27 (3) :113-136
URL: http://clr.modares.ac.ir/article-20-71002-en.html
URL: http://clr.modares.ac.ir/article-20-71002-en.html
A Comparative Study of the Ownership Transfer System of
Immovable Property in Iranian and German Law
1- Ph. D. Student in Private Law, Faculty of Law, University of Science and Culture, Tehran, Iran
2- Associate Professor in Private Law, Faculty of Law, College of Farabi, University of Tehran, Qum, Iran
3- Associate Professor in Private Law, Faculty of Law, University of Science and Culture, Tehran, Iran , HOSEINZADEH@USC.AC.IR
2- Associate Professor in Private Law, Faculty of Law, College of Farabi, University of Tehran, Qum, Iran
3- Associate Professor in Private Law, Faculty of Law, University of Science and Culture, Tehran, Iran , HOSEINZADEH@USC.AC.IR
Abstract: (332 Views)
Jurists have always been interested in the methods of transferring ownership rights of immovable property as a legal fact. Different legal systems' attitudes toward the simple or complex registration of property rights have had varying effects on the social and economic structures of each society. Possibly, the consistency of real estate transactions in Germany, and the disorder of this field in Iran can be attributed to the attitude towards the creation and transfer of ownership of immovable property, despite the Iranian government's recent support of the positive developments in this field. In Iran's legal system, according to the theory of ownership and the principle of the intentionality of ownership contracts, which have deep roots in Ja'fari jurisprudence, the right of ownership is considered to be based on nothing more than the effect of a legitimate transaction, and "registration" has only a declarative effect and is only confirmed if it matches the "truth". In German law, "registration" is deemed to have a "creative" effect and act independently of the original binding contract, thereby transforming the property right into a compound right. This research, using a descriptive - analytical, and comparative method, while expressing the concept, difference, and effects of each of the two causal and abstract systems of transferring ownership of immovable property, has come to the conclusion that without a doubt, in order to organize transactions in the field of real estate and maintain economic order and public interest, Changing the perspective on how to create and transfer ownership rights in Iranian law is a necessary and inevitable thing that can be justified by identifying "registration" as a part of the ownership right process and a necessary condition for the transfer of this right.
Article Type: Original Research |
Subject:
Comparative Law
Received: 2023/08/10 | Accepted: 2023/11/25 | Published: 2023/12/20
Received: 2023/08/10 | Accepted: 2023/11/25 | Published: 2023/12/20
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