Conflict between ordinary document and official document (issuance of opposition document) in Iranian and French law

Document Type : Original Article

Authors

1 Department of Private Law, Kish Island International Branch, Islamic Azad University, Kish island, Iran.

2 Assistant Professor of Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran.

3 Assistant Professor of Law, South Tehran Branch, Islamic Azad University, Tehran, Iran.

4 tehran azad eslamic univercity

Abstract

In this research, the issue of conflict between the ordinary document and the official document that causes the issuance of the conflicting document is addressed. This is important in accordance with Iranian law and its feasibility with French law, in order to obtain the reasons for issuing an opposition document due to the violation of laws and regulations in Iranian law and the negligence of the legislator in legislating. Based on the changes in the nature of immovable property ownership in Articles 22, 46, 47 and 48 of the Iranian Registration Law, the conflict between the creative system and the ownership certification system is evident. Prior to the decision of the Guardian Council approved on 4/8/1695 regarding the above-mentioned materials, it was not possible to legally oppose an ordinary document with an official document, but with the stipulation of Articles 22 and 48 of the Registration Law in invalidating the validity of ordinary documents, and Article 62 Law on Permanent Provisions of the Country's Development Plans, approved on 11/10/2016, and the rejection of the "Plan to require the official registration of real estate transactions" approved by the Islamic Consultative Assembly on 22/3/2016 in the Guardian Council Has been. However, this issue has created more complications and problems in the nature of real estate ownership in Iran, the most important aspect of which occurs in the courts and the conflict between ordinary documents such as pre-sale agreements or the transfer of housing with certified sellers. Officials and third parties can be.

Keywords

Political Sociology of Iran
Volume 4, Issue 4 - Serial Number 16
February 2022
Pages 352-364

Files

Share

How to cite

Statistics