Document Type : Scientific
Authors
1
Director General of Judiciary Education, Deputy of Human Resources of the Judiciary and Assistant Professor, Department of Private Law, University of Judicial Sciences and Administrative Services, Tehran, Iran
2
Department of Jurisprudence and Law, Faculty of Sciences and Education, Al-Mustafa Al-Alamiyah University, Qom, Iran
10.22034/judg.2026.2065667.1522
Abstract
In Iran, unregistered immovable property transactions face challenges such as conflicting transactions, document forgery, and increased property disputes. The Law on Mandatory Registration of Immovable Property Transactions (2024) was enacted to address these issues, enhance ownership transparency, and strengthen public trust in the legal registration system. However, the full implementation of the law's objectives encounters several challenges, including the extensive scope of mandatory registration, inclusion of personal rights or contractual obligations, insufficient infrastructure, and high registration costs, which may affect the principles of contractual freedom and the country’s objective registration system. This study aims to examine the challenges and critique the new law, analyze the effects of official registration on legal security and transaction certainty, and propose strategies to improve the effectiveness of the immovable property registration system. The research employs an analytical approach, based on comparative studies with French law and the theory of the “condition of enforceability” in immovable property transactions. The results indicate that the broad obligation to register, conflicts between real rights and contractual obligations, ambiguity in the nature of the enforceability condition, and the continued limited validity of ordinary documents reduce transaction certainty and increase legal risks. Adopting a substantive interpretation of the enforceability condition and focusing the law on registering real rights, along with mechanisms such as temporary registration or priority reservation, can mitigate these issues. In summary, amending and revising the law in alignment with the principles of Iran’s registration system can effectively ensure legal security, reduce property disputes, and achieve the main objectives of the law, namely transparency, order, and certainty in immovable property transactions.
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