Registration of real estate transactions in the law of Iran, France and Germany

Seyed Mehdi Mir Dadashi¹ Mohammad Sadeghi² Amir Noor Mohammadi³

1) Qom Azad University faculty member
2) Faculty member of Qom Azad University
3) PhD student in private law at Qom Azad University

Publication : 3 rd Conference on Psychology, Educational Sciences, Social Sciences and Counseling (cpsconf.com)
Abstract :
Registration of real estate transactions is considered as one of the challenging issues in the field of private law and registration, and laws, regulations and judicial procedures in the world legal systems, especially the Iranian legal system, have experienced many changes in this area in recent years. Research method: In this research, with a descriptive-analytical method and by studying documents, especially laws and judicial procedures and opinions of legal scholars related to the registration of transactions in Iran and comparing them with the German and French legal systems, an attempt has been made to first legalize Registration of real estate transactions in Iran, Germany and France is specified and then appropriate solutions are provided for the Iranian legal system. It does not recognize and in fact in the German legal system an ordinary document such as a charter in the transfer of immovable property is not relevant and can not be relied on in any way, but the Iranian legislature in a new direction in recent legislation, despite the past transfer Owned by registering the document, but again on this issue Due to the problems that the theory of transfer of ownership with the drafting of the charter for the legal system and the conflicting transactions and inflation in the criminal courts has led to the non-acceptance of ordinary documents in real estate transactions. Conclusion: Although some of the great law professors emphasize the ceremonial nature of real estate transactions and the legislator has moved in this direction, but the various reasons presented in the present study, including rational and narrative reasons, etc. show Immovable property transactions are subject to consent contracts and mere observance of social interests and prevention of conflicting transactions can not be a reason for formalizing real estate transactions.
Keywords : transaction real estate registration iranian legal system german and french legal system