Conflict of the Regulation of the Third Article of the Mandatory Formal Registration of Immovable Properties with Laws and Legal Principles

With the enactment of the Law on the Mandatory Formal Registration of Immovable Properties aimed at organizing the ownership status and transactions related to immovable property, the necessity of examining this law and its implementing regulations is felt. One of the important regulations of this law is Article 3, which contains provisions regarding two types of contracts drawn up by real estate consultants, namely draft contract and uniform contracts. This research, using a descriptive-analytical method and relying on library resources, seeks to answer the following questions: In which category of contracts does the draft contract fall, and is it permissible to include a liquidated penalty clause therein? Is it possible to change the terms set forth in uniform contracts? Is there a conflict between the provisions of the regulations and the laws? The findings show that Draft contract cannot be categorized under certain specific contracts given the special conditions stated in the law. Considering the principle of freedom of contra Draft contract cannot be categorized under certain specific contracts given the special conditions stated in the law. Considering the principle of freedom of contracts, it will be possible to insert a penalty clause in it. In uniform contracts, it is possible to change or modify the provisions in some cases. Apart from the conflict between certain provisions of the regulation and the law itself, as well as other ordinary laws, in some instances the regulation has also exceeded the limits of regulatory authority.