چکیده:
Any property that is subject to a registration but it’s registration is not until completed, and no ownership document issued, is the property in the registration process. The registration process starts with the registration of the application,2- by publishing alternated 3-stage with the expiry of the protest deadline to the alternal ads and non-receipt of protest its . By protest action whit 4-in the deadline its 5- stage By issuing a definitive vote in favor of registered applicant or protester its enters the step five. 6- in the limitation of around territory. Step seven finishing the limitation of territory and dispute resolution and finally by register at the real estate office and issuing the ownership document’s the property goes out of the registration process. In this article, it was established by law and regulations as well as the record procedures that in the first, second and forth stages, property status in registry flow It has a positive value of about Judiciary circumstantial evidence. In the third and sixth stages of the principle of ownership, the affirmative value of the official document for the real estate status was proven in the registry while relative to The right to compete and territory It is still worth a Judiciary circumstantial evidence. In the fourth stage and fifth The value of judicial Decision is Supremacy Stage Seven, as with stage eight There is a positive value to the official document although the value is subject to the issuance of an official document.
خلاصه ماشینی:
The Evidential Value of Documents Regarding Property During the Registration Process Abbas Karimi Professor of Private and Islamic Law, Faculty of Law and Political Science, University of Tehran Ali Karimi PhD Student in Private Law, Islamic Azad University, Yazd Branch (Date of Receipt: 1398/10/02 - Date of Approval: 1398/11/07) Abstract Any property that is the subject of a registration declaration is considered “in the process of registration” until it is registered in the land registry and a title deed is issued for it.
In the stage of subsequent notices, in addition to the evidentiary value of the documents obtained in previous stages and the value of issuing a certificate of ownership, which is issued upon request at the end of the stage of subsequent notices and relates to the original ownership, regarding the boundaries of the property and easement rights, as this stage progresses, evidence and presumptions regarding the correctness of the applicant's claim are formed, and if no objection is received, the minutes of boundary determination acquire the value of an official document, and if a part cannot be determined, the completed part will have such an effect, and in case of objection, a court ruling is necessary.
”. According to this article and Article 103 of the Implementing Regulations of the Registration Law, the time of property registration is after the completion of the preliminary registration procedures, and in this case, the official document (certificate of ownership) is established in the name of the applicant, even if it has not yet been issued, because the applicant may not have paid some of the registration installments, which are called registration remainders, or even proceed to trade and transfer the property before it is registered in the land registry.
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