نوع مقاله : پژوهشی
نویسنده
عضو هیات علمی دانشگاه بیرجند
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
According to Article 1 of the Law on the Mandatory Registration of Real Estate Transactions, claims related to legal acts whose “subject or result is the transfer of ownership of the object or the transfer of the right of usufruct (whether life or joint ownership for a period of more than two years) or the transfer of the right of easement of immovable property, and the endowment and the conclusion of a mortgage contract in respect of them, and the conclusion of useful contracts for the transfer of the benefits of the said property for a period of more than two years, and the lease subject to possession, and any type of pre-sale of a building, whether in the form of a share of the entire area or the goods, and the obligation to perform all the aforementioned legal acts” have been declared inadmissible. Although this guarantee of execution meets the legislator’s intentions in many cases, it does not specify the difference in the legal status of transactions that are not registered in the electronic document registration system and has somehow evaded the burden of determining its jurisdiction. Despite the removal of the guarantee of execution of invalidity from the text of the law and the disagreement about it, these transactions should be considered invalid. On the other hand, if “the transferor has officially transferred the subject of the transaction to a third party before the registration of the termination or cancellation and in the subsequent legal act, he
کلیدواژهها [English]
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