نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
The principle of autonomy of will constitutes a natural right of individuals to determine their legal relations, enabling free negotiation of contractual terms. However, such autonomy is constrained within the framework of public laws and regulations. Prior to the enactment of the mandatory registration law for immovable property transactions on 1403/02/26by the Expediency Discernment Council, this principle was implemented in immovable property transactions with virtually no restrictions. Parties possessed extensive liberties in defining contractual conditions, including payment mechanisms, determination of property delivery timing and location, and transaction registration.Numerous transactions were exclusively executed through ordinary documents without formal registration. Following the law's implementation, these freedoms were substntially curtailed. Pursuant to Article 1, any transaction resulting in property ownership transfer or usufructuary and servitude rights must be electronically registered in the official documentation system. Non-registration of such transactions renders any subsequent claims, including formal deed compilation or related litigation, inadmissible in judicial forums.This legislation creates a unique intersection between individual autonomy and governmental legal imperatives aimed at ensuring transparency, legal compliance, and public order. The research critically examines immovable property sale instances across three primary stages: contract formation, obligation execution, and contract dissolution, employing a descriptive-analytical methodology and leveraging comprehensive bibliographic resources.The research examines immovable property sales across contract formation, execution, and dissolution stages, utilizing descriptive-analytical methodologies.
کلیدواژهها English