Reasons and purpose of filing a lawsuit to prove ownership of real estate with emphasis on jurisprudence

Document Type : Original Article

Authors

1 PhD Student in Private Law, Arak Branch, Islamic Azad University, Arak, Iran

2 Assistant Professor and Faculty Member, Law Department, Arak Branch, Islamic Azad University, Arak, Iran (Corresponding Author)

3 Assistant Professor and Faculty Member, Department of Law, Arak Branch, Islamic Azad University, Arak, Iran

Abstract

With the approval of the Law on Registration of Deeds and Property of the country, the main goal is to register all properties in the property registration office and issue ownership certificates for properties so that while preserving the sovereign rights of the government, the ownership of individuals is stabilized and its transfer is subject to a specific system. And to avoid numerous lawsuits in this regard. In addition, the registration authority and the official ownership of the persons of the registration office. Failure to fully implement the provisions of the Property and Deeds Registration Act in practice and the adoption of other interim laws that were not effective, as well as the legislator's approach in Article 62 of the Law on Permanent Provisions of the Development Plan, caused many disputes between individuals over immovable property Inevitably, it has made the entry of judicial authorities necessary to resolve disputes and issue verdicts. However, the claim for proof of ownership of immovable property is not always a civil lawsuit based on interfaith intercession and in full accordance with the description, and has been brought before the judiciary for other reasons and purposes. The study of these causes and objectives by researching the judicial procedure and the effects of the rulings issued in this regard is the subject of this article.

Keywords

Political Sociology of Iran
Volume 2, Issue 4 - Serial Number 8
August 2020
Pages 2421-2439

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