نوع مقاله : پژوهشی
نویسندگان
1 دانشجوی کارشناسی ارشد حقوق خصوصی دانشکدۀ علوم انسانی دانشگاه شاهد
2 استادیار گروه حقوق دانشکدۀ علوم انسانی دانشگاه شاهد
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
One of the most important proofs of the lawsuit is the documents. Ordinary document is prestigious and valid, but the validity of all the documents is not the same, and the official documents have a certain positive validity and power. By the Law on the Registration of Documents and Real Estate in 1931 AD the registration of documents for all transactions and transactions concerning the interests and interests of immovable property was compulsory. Following the implementation of this law, and in light of the issuance of different judicial opinions in this regard, in 2017 AD the law of permanent rulings on development plans of the country was passed and in Article 62 of this law was enacted on the validity of regulatory documents. The subject matter of this article is limited to transactions involving immovable property and does not rule out formal ownership. The last part of Article 62, "Except for documents that are based on the recognition of a court having a religious validity ..." as an exception, is a new judgment that is ambiguous and may lead to the elimination of the original function Official documents in the community. In order to address these ambiguities, it is necessary to distinguish between property rights and contract law in the interpretation of Article 62. It can be said that as long as the documents with the rights of the holder of the official document are not in conflict, these documents are valid and in the relationship of the parties to the transaction are correct and the source, but when confronted with the ownership of the owner of the official document can not be the source of ownership transfer, in this case, against the holder The official document is not cited and can not be in conflict with the official document.
کلیدواژهها [English]
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