نوع مقاله : مقاله های برگرفته از رساله و پایان نامه
عنوان مقاله English
نویسندگان English
The judicial system governing registration claims in Iran, as one of the main pillars of ensuring legal security of ownership and facilitating real estate transactions, despite its advanced legal background, faces deep structural challenges that have posed serious obstacles to the effective implementation of the Law on Registration of Documents and Real Estate. The main objective of this research is to critically analyze the judicial system of registration claims in Iran, with special emphasis on the legal, executive, and judicial challenges of law enforcement, in order to identify structural weaknesses and provide practical suggestions for improvement. The research method is library, descriptive-analytical law and is based on systematic review of reliable domestic and foreign sources, statutory laws (the Law on Registration of Documents and Real Estate approved in 1310 with subsequent amendments), legal doctrine, judicial practice, and comparative comparison with selected systems. The results of the study showed that legal challenges mainly stem from the conflict between the principle of absolute validity of registered documents and the rights of third parties, implementation obstacles rooted in the weakness of digitalization and lack of integration of systems, jurisdictional and functional shortcomings of quasi-judicial authorities (the Supervisory Board and the Supreme Council of Registration) due to the lack of judicial independence and transparency, prolonged judicial proceedings with an average of more than 22 months of consideration and delayed execution of judgments, and lagging behind successful global experiences (Romania, Algeria, Indonesia) in the field of digitalization and judicial specialization. The final conclusion indicates that without fundamental structural reforms, including the establishment of specialized registration courts, the creation of an integrated national system of registration and execution of judgments, the complete separation of administrative duties from quasi-judicial, and intelligent modeling of successful international models, the Iranian registration procedure system cannot guarantee the legal security of transactions, and the continuation of the current situation will lead to a decrease in public trust, an increase in the economic risk of the real estate sector, and damage to sustainable development. The research's reform proposals provide a practical roadmap for policymakers and legislators to transform this vital system.
کلیدواژهها English
