Comparative Law Researches

Comparative Law Researches

The Scope of the Act “Mandating the Official Registration of Real Estate Transactions” on Various Types of Legal Acts

Document Type : مقالات علمی پژوهشی

Author
Ph.D. in Private Law, University of Judicial Sciences and Administrative Services, Tehran, Iran
10.48311/clr.2025.101660.0
Abstract
Contrary to Articles 46 and 47 of the Registration Act, which generally limited itself to the phrase "all contracts and transactions relating to real estate or interests in real estate" and mentioning a few peace agreements, deeds of gift and partnership for the mandatory registration of contracts relating to real estate or immovable property in idiom, However, in the Mandating the Official Registration of Real Estate transactions Act 05/15/2024, approved by the Expediency Discernment Council and inspired by past experiences to prevent legal evasion and the ineffectiveness of the law's rulings regarding certain legal acts, In addition to mentioning the full phrase "any legal act, including contracts and agreements," it has also partially mentioned some specific contracts such as endowments, mortgage contracts, pre-sale of buildings, and commitments to perform all of the aforementioned legal acts. The mention of the phrase agreements alongside contracts under the general title of any legal act is considered one of the advantages of the aforementioned law. In this article, we will examine all legal acts covered by the law in question. The adoption of the Act Mandating the Official Registration of Real Estate Transactions is considered a rare act among the Registration Acts after the Islamic Revolution regarding immovable property. Which has created a new situation regarding real estate transactions and has led to the formalization of legal acts concluded regarding the aforementioned properties. A detailed examination of legal acts covered by the aforementioned law, such as contracts and formalities, will lead to the best possible implementation of the law by judicial and legal authorities and individuals in society. The article is to examine the legal and judicial foundations in a descriptive analytical method with an applied approach.





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