Confrontation of Right to Private Property with the Expediency of the Rules of Registration of Deeds and Estate in the Light of the Theory of Balance between Right and Expediency

The subject of ownership and related legal rules is one of the oldest concepts of civil law. In order to regulate the rules of land ownership, the law on registration of estate emerged and brought on new concepts and requirements for the establishment and transfer of ownership. The enactment of Articles 22, 46 and 72 of the Registration of Deeds and Estate Act has created serious, legal dispute before courts and lawyers concerning the meaning and scope of these articles and the legal status of a normal contract involving the transfer of registered estate from the earliest years. Although, due to the importance of the subject, a lot of research has been done on the critique of existing practices and theories, but in this research, the author, with new attitude, tries to re-explain the existing disputes, and expresses his chosen theory with the help of philosophy law debates and based on the theory of balance between right and expediency.