چکیده:
Although today all legal systems agree on the necessity of registering the sale of immovable property, they do not all assign a single role to registration in the sale of immovable property. For example, while in German law, registration is considered a condition for the transfer of ownership to the buyer, in French law, it is a condition for the transaction to be enforceable against third parties. In Iranian law, there is a serious disagreement regarding the role of registration in the sale of immovable property. Therefore, in this article, an attempt has been made to search for a suitable solution for Iranian law in light of the study of French legal solutions.
خلاصه ماشینی:
In order to prevent conflicting transactions, establish order, security, and stability in transactions, and following the experience of other legal systems, our legislator in 1310, in the form of Article 64 of the Registration Law, declared the preparation of official documents and the registration of sales related to registered properties to be mandatory.
According to Article One of this law: "All gratuitous or onerous transactions concluded between living persons, transferring or declaring real rights regarding immovable property, shall be fully registered in a register that will be created for this purpose in the Mortgage Registration Office": In January 1995, the registration of the sale of immovable property was declared mandatory, and the law governing this subject remains the aforementioned decree.
ááSont obligatoirement publie?s au bureau des hypothe?ques de la situauion des immeubles:1-Tous actes,me?me assortis d'une condition susperive,et toutes de?cisions juridiques,portant ou constatant entre vifs:a)Mutation ou constitution de droits re?els immobilie?rs outres que les privile?ges et hypothe?ques,qui sont conserve?
Against third parties, the owner remains the person whose name is recorded as the owner in the transaction registration office; against the buyer, and as long as the performance of obligations arising from the contract of sale does not conflict with the rights of third parties, the seller must adhere to their contractual obligations, and in case of default, judicial enforcement of their adherence to the obligations is possible.
In this way, it can be claimed that registration in Iranian law (unlike French and German law) fundamentally lacks any substantive role in the conclusion of or in the effects of the contract (transfer of ownership between the parties or the enforceability of the transaction against third parties).
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