Proof of Property Registered in the Light of the Guardian Council's Religious Supervision
Registration of Deeds and Properties Law, adopted in 1931, is derived from the German legal system and is incompatible with the reality of our society, which is based on Imamiyyah jurisprudence. Thus, over time, the legislator has amended Article 73 of the aforementioned law with paragraph 2 Article 16 of the Law on the Supervision of Judges' Conduct, adopted in 2011, as a partial imposition and with the enactment of this article, Articles 22 and 48 of the Law on Registration of Deeds and Properties have also been partially implicit. Therefore, there is no need to invalidate Articles 22 and 48 of the aforementioned Law on Ordinary Documents, which are valid legal or religious proofs of their validity. Because Article 1291 of the Civil Code defines such documents in certain ways as official documents. In fact, by the abrogation of Article 73 of the Registration of Deeds and Properties Law in principle, we can say: Articles 22 and 48 of the Registration of Deeds and Properties Law has been partially implied abrogated. In addition, there are specific laws that have partially repealed the registration laws, including the "Landlord-Tenant" Relations Act, which is in fact a form of Article 1291 of the Civil Code. As referred to in paragraph 1 of Article 1291, if the party against whom the document is lodged confirms that the document has been issued against him or to be confirmed by a judge under Article 225 of the Rules of Procedure, adopted in 2000, The judge, who is a government official, declares ownership under Article 1291 of the Civil Code, as a matter of jurisdiction, which is a matter of civil procedure, and this declaration is an official document and is valid in relations between the parties.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.