The Role of Formalizing a Deed in Transferring Real Estate Interests

Abstract

The divergence of judicial opinions regarding the transfer of real estate interests and the validity and invalidity of drawing up a document formally or pursuant to a regular contract has caused serious legal disputes in the courts of our country, especially since some judges consider the drawing up of a formal document to be the principle for the transfer of real estate interests and consider it one of the pillars of the transfer of ownership, while some also consider the existence of a regular document to be sufficient. Today, we are faced with a serious challenge in judicial practice due to the lack of a unified ruling on the issue of the role of drawing up a formal document in the transfer of real estate interests. However, legal articles must first be referred to in order to resolve disputes. Therefore, the role of the Registration Law, referring to Articles 22, 46, 47, 48, etc., will have a special place in understanding the studies. On the other hand, the law requiring the formal registration of real estate transactions as the last will of the legislator will be very important. Therefore, determining whether or not drawing up a formal document is a pillar for the transfer of real estate interests is of great importance, such that some court judges believe that all transactions regarding real estate interests must be registered. Official registration is required. Otherwise, we will face challenges and legal enforcement guarantees of non-acceptance. However, due to some issues, there has been no attention to the point of invalidity of the contract in the event of non-transfer using a formal document. On the other hand, some court rulings have accepted the transfer of property interests with a formal document. Therefore, the diversity of judicial decisions regarding the transfer of property interests requires that a theory and solution be given so that the arms of justice can be helped, even if only a little. With this explanation, according to the latest will of the legislator, in accordance with the law requiring the official registration of immovable property transactions approved by the Islamic Consultative Assembly on 6/9/1401 and 2/26/1403 by the Expediency Discernment Assembly, which, by examining its legal provisions, we realize that a system has been created for persons who do not have a formal document regarding ownership of interests for more than two years, for registering informal documents. The idea is that the restriction of more than two years and its time limit for registering property interests should be removed so that the ownership of all individuals is guaranteed. Apart from this, In cases referred to in Articles 1 and 10 of the aforementioned law, if ordinary documents are not officially registered within the specified period, we will face the guarantee of non-hearing in the courts. Of course, all of the above cases will be conditional on the fact that contracts with ordinary documents for the transfer of property interests have previously been proven, and the theory of nullity has never been strengthened, and mere general references to some issues have not caused the courts to become confused.