جنت خداداد

Property, as one of the fundamental human rights, is inviolable and respectable. Real estate identification and registration of owners and stakeholders is a purposeful effort to create psychological, economic and legal security in the community. The study of the legal system of developed countries shows that coherent and efficient laws in this regard have been prepared and serious supervision has been done for its implementation. In Iran, too, the failure of registration to provide property security due to the prevalence of Informal transactions has necessitated the reform of land registration regulations, and the “Project to oblige the official registration of real estate transactions" is the result of this necessity. The project, which was approved on May 20, 2016, has been returned to the parliament for amendment by the Guardian Council. But to what extent can this plan be effective in securing a secure real estate market? The answer to this question is the subject of the present article, which, after expressing the positive and negative points of the project, is done by thematically evaluating it in a comparative approach with other land registration systems. This study, which was conducted in an analytical-critical manner, shows that the above plan, despite its positive points, will not be completely successful in ensuring property security, assuming that it is approved in the current situation by the Expediency Council.

The role of Land Registration (L.R) in providing legal security is undeniable, but L.R, without reliance on the cadastre, fails to play this inherent role fully. Registration of property rights is known to be a fundamental element in alleviating poverty, securing a secure real estate market and achieving sustainable development. Increasing population growth, horizontal and vertical development of cities, social inequalities and environmental damage have necessitated a rethinking of past regulatory tools in the field of land and its management. Effective land management requires a spatial information infrastructure, and information principals is provided by the cadastral system of a country. Today, the reorganization of Cadastral systems and their continuous evolution for optimal land management and dealing with the mentioned phenomena is inevitable. cadastre is influenced by the dynamics of the human relation with the earth, evolving over time conceptually as well as the relationship with the L.R. The transformation of cadastre from a technical tool into a socio-technical system and their convergence towards full integration is the result of this dynamic. The study of these developments and the interrelationship between L.R and cadastre in Iran and France is the subject of the present study, which is done by analytical-critical method and shows that the convergence of the two institutions in the studied countries has been achieved as "Full integration" and "Interrelationship", respectively. However, in terms of success in achieving the goals, the two countries are not on the same level.