چکیده:
The obligation to register immovable property transactions, as one of the fundamental mechanisms of the Iranian legal system, has always been in conflict between public interests and contractual freedoms. This research, using a descriptive-analytical method and utilizing library resources and legal documents, examines this conflict and solutions for creating balance. The research findings show that although the current registration system has succeeded in achieving goals such as economic transparency, protection of property rights, and prevention of disputes, it has imposed significant limitations on freedom of contract through the imposition of heavy formalities and high transaction costs. A comparative study of other legal systems shows that solutions such as electronicizing the registration process, creating new legal institutions like 'contracts pending registration,' reducing transaction costs, and applying proportionate supervision can help create a desirable balance between these two legal values. This research finally suggests that the Iranian legislator, by implementing structural reforms in the registration system, including drafting a comprehensive law for the registration of immovable property transactions, strengthening the specialized dispute resolution system, and increasing the legal awareness of citizens, should take effective steps toward reducing existing tensions. Achieving this balance will not only lead to greater efficiency of the legal system but will also contribute significantly to the country's economic development.
خلاصه ماشینی:
A comparative study of other legal systems shows that solutions such as the electronicization of the registration process, the creation of new legal institutions like "contracts pending registration," reducing transaction costs, and applying proportionate supervision can help create a desirable balance between these two legal values.
Finally, this research suggests that the Iranian legislator, by implementing structural reforms in the registration system, including drafting a comprehensive law for the registration of immovable property transactions, strengthening the specialized dispute resolution system, and increasing the legal awareness of citizens, should take effective steps toward reducing existing tensions.
This legal institution, which is rooted in principles such as public order (Article 46 of the Law on Registration of Documents and Real Estate) and the necessity of economic transparency, is considered on one hand a tool for achieving judicial security and on the other hand a limiting factor against the principle of autonomy of will (Katouzian, 2019: 75).
The main question of this research is how a desirable balance can be created within the framework of Iranian public law between the mandatory registration of immovable property transactions as a supervisory necessity and the principle of freedom of contract as the cornerstone of private law?
According to Article 22 of the Law on Registration of Documents and Real Estate, all transactions regarding immovable property must be registered in official offices, as this creates legal security and prevents the occurrence of numerous disputes (Emami, 1400: 156).
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