نوع مقاله : مقاله مروری
نویسندگان
1 استادیار گروه حقوق جزا و جرم شناسی، دانشگاه آزاد اسلامی واحد میمه، میمه، ایران
2 دانشجوی کارشناسی ارشد حقوق جزا و جرم شناسی، دانشگاه آزاد اسلامی واحد میمه، میمه، ایران (نویسنده مسئول)
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Examining the Real Estate and Documents Registration Law, it is clear that the legislator's purpose in approving this law was to create order and stability in documents, especially land ownership documents. The precision in Article 24 of the aforementioned law, which states that after the expiry of the objection period, no legal or criminal claims from anyone will be accepted, strengthens this opinion. The approval of the registration law in 1931 shows the legislator's determination to move from traditional and rural life to modern life. Real estate registration is mandatory in the Real Estate Registration Law approved in 1931 but still we see real estates across the country that have no record of registration in the Real Estate Registry and consequently lack ownership documents and are not registered in the above-mentioned Real Estate Transactions Registration Law. It has been announced under mandatory conditions and an executive guarantee has also been provided in this regard. On the other hand, despite the fact that property registration is mandatory in the relevant laws, we see properties that have no record of registration in the real estate office and are bought and sold in a normal way, which has caused many property disputes and lawsuits to be filed in the courts. In turn, it causes psychological, economic and social problems. The aim of the present study is to review the law on determining the status of registration of lands and buildings without official documents. The research method is descriptive-analytical. The results showed that in the aforementioned law, there is a guarantee of executions in case of non-implementation of the law for the applicant in requesting the title document after the filing of the case, and restrictions for experts and punishments for the people who respond to inquiries are considered and the consequences and damages caused by not using this The law deprives a person of the benefits of having an official document and disregards the rule of public order and violates the rights of the government. Municipalities have no role in the implementation of this law, whether in issuing ownership documents or in conducting official transactions; Also, no duty has been determined for properties with a record of registration that do not have the reason stated in this law for requesting a title deed.
کلیدواژه‌ها [English]
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