نوع مقاله : مقاله پژوهشی
نویسندگان
دانشگاه آزاد اسلامی واحد رباط کریم
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
In the 17th century, European countries resorted to the implementation of a registration system in the land and real estate system in order to maintain legal security in the transactions of the parties and encourage the public trust of individuals. Sometimes mistakes occur by the real estate registration system, which causes the loss of real estate ownership. England has recognized a special law to compensate for these registration losses, and considers the principle to prevent invalidation of registered ownership, even if it is wrong. So that there are no laws in this regard in Iranian law, and the government's responsibility is doubtful. Therefore, the aim of the following article is to investigate the government's responsibility for the mistakes of the real estate registration system in Iran and England by using the descriptive-analytical method, and it has clarified the strengths and weaknesses of the Iranian real estate registration system. Finally, this article concluded that the government's responsibility in this regard is based on the theory of guarantee, and for the government's civil responsibility, it is necessary to gather the three pillars of loss, harmful act and causation by real estate registration agents.
کلیدواژهها [English]