The Judiciarys Law Journal

The Judiciarys Law Journal

A Critical Attitude to the Approaches of “the Registration of Land Transactions Requirement” Act in Solving the Challenges of Land Transactions

Document Type : Research/Original/Regular Article

Author
.University of Tehran
10.22106/jlj.2024.2039328.6023
Abstract
“The Registration of Land Transactions Requirement” Act (The Registration Requirement Act) was the last attempt of the legislator in the field of land registration with the two main goals of " to grant absolute validity to the title deeds” and “to invalid private deeds of transactions” that was approved on May 15, 2024. However, the question can be asked that the legal solutions provided in this Act - especially due to the numerous changes in its provisions in the approval process - to what extent can solve the existing legal problems in the field of land transactions. and provide the two main goals mentioned above?
The present article, based on the method of comparative research and referring to documents, along with the descriptive-analytical research method, with a critical attitude towards the approaches of this Act in solving the challenges of land transactions, has come to the conclusion that on the one hand, due to the lack of coordination of sections of this Act with The type of land registration system outlined in the “Act of Registration of Documents and Real Estates (Land Registration Act), and on the other hand, the numerous changes that have taken place in the process of approving the Act, have largely deviated from the stated goals.
Accordingly, in order to strengthen the efficiency of this Act, suggestions are made in the framework of "convergence between this and the Land Registration Act by revising the provisions of this Act with the basics of Iranian land registration system or drafting a new Land Registration Act within the framework of the Registration Requirement Act ", "redefining the principle of the necessity of registration transactions with focus on the real rights”, "combating the entry of private deeds into the registration system" and "preserving the validity of the title deeds issued before this Act" have been presented.
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Volume 88, Issue 128
Spring 2025
Pages 1-32

  • Receive Date 22 August 2024
  • Revise Date 02 November 2024
  • Accept Date 18 November 2024
  • First Publish Date 19 February 2025
  • Publish Date 19 February 2025