نوع مقاله : پژوهشی
نویسنده
دکتری حقوق خصوصی، دانشکدۀ حقوق، دانشگاه تهران (پردیس فارابی)، قم، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The system of land property is a pluralistic system that is uniquely organized in each society based on the legal basis and necessity of that society. This pluralism can also be found to a large extent in land registration systems and the substantive effect of registration on the contractual transfer of immovable property. In such a way that some systems concentrate on creation effect of registration and others on opposability. The question, however, remains whether these different effects are due to the pluralism of the land property systems.
On the other hand, Developments in the Iranian land registration system after 2016, which took place with the presentation of the Guardian Council's advisory opinion and the adoption of the Permanent Development Provisions Act, raised the question of the status of registration formalism in the contractual land transfer in Iran.
In this study, based on the library studies and refer to legal documents method of collecting information and descriptive-analytical research method, with a comparative study of the three systems of England, Switzerland and France -as three model systems in the field of land property and registration– We concluded that the diversity of land registration systems is directly due to the diversity of countries' land property systems. In this regard, based on the two descriptions of absoluteness or exclusiveness, land property systems are divided into Property systems and Estate systems. In Property systems such as France, the land registration has an opposablility effect; While in Estate systems such as the England and Switzerland, registration has a creative effect.
Accordingly, and within the framework of the ownership structure that has been established in the Iranian Land and Deeds Registration Act of 1931, land registration is still a title by registration system and developments after 2016 have only targeted the need to prepare notarial documents.
کلیدواژهها [English]
https://www.eui.eu/Documents/DepartmentsCentres/Law/ResearchTeaching/ResearchThemes/EuropeanPrivateLaw/RealPropertyProject/France.PDF (last visited on: 10/3/2021).
https://www.eui.eu/Documents/DepartmentsCentres/Law/ResearchTeaching/ResearchThemes/EuropeanPrivateLaw/RealPropertyProject/GeneralReport.pdf (last visited on: 10/3/2021)
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