Legal jurisprudential analysis of the injured party referring to the court in extraordinary registration

According to Article 3 of the Law on Determining the Status of Registration of Lands and Buildings without an Official Document Approved in 2011, if a new document is issued to a property under the said law, "the issuance of a new ownership document will not prevent the injured from going to court". most courts consider refer of the injured party to the court objective action and accept the lawsuit for annulment of the official document". According to the authors, the purpose of the legislature was to prescribe a claim for damages, not to annul the document. Because accepting a recent lawsuit, first; It is against the general rule (the approach that creates the right to register operations). Secondly; The word "injured" appears in personal action. Thirdly; In cases of transfer of property to a third party, the ownership of the third party right to the property and the need to observe the soundness of the transaction is contrary to an objective claim. What is more, in addition to the weakness of the jurisprudential language document "Ashq al-Ahwal", it is possible to consider the allocation of " al al yad" assuming the good faith of the buyer in the present age. fourthly; accepting the broad interpretation of "destruction of usurpation" based on customary excuse also prescribes personal action. In view of the above, the revocation of an official document is contrary to the registration principles of the issuance of an official document and the strength of transactions and rational structures. Therefore, it is suggested that by relying on the above-mentioned principles, the right of the injured to go to court be secured through a claim for substitution, so that the purpose of the legislator, which is to determine the status of property registration and official documents, is not violated.