نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
In the Iranian legal system, official registration of immovable property transactions was historically viewed primarily as evidence of ownership transfer. Although Articles 22 and 46–48 of the Registration Act aimed for mandatory registration, weak enforcement and Article 62 of the Law on Permanent Provisions of the Development Plans allowed ordinary instruments (non-official deeds) to retain a dominant role. This led to increased property litigation, conflicting transactions, fraud, and diminished credibility of official titles.
The enactment of the “Law on Mandatory Registration of Transactions Concerning Immovable Property” (2024) fundamentally transformed this landscape. Under this law, registration has shifted from a mere evidentiary tool to a substantive requirement for the validity and enforceability of transactions. Consequently, all legal acts involving ownership transfer, usufruct, easements, building pre-sales, and construction partnerships must be recorded in official electronic systems. Unregistered transactions are now generally unenforceable against third parties and official authorities.
While aimed at enhancing title security, reducing disputes, and ensuring transparency, the law’s implementation introduces several legal challenges. These include the status of prior transactions, the residual effects of ordinary contracts, the validity of “promises to sell” (promises of sale), and the functionality of the electronic registration system. Furthermore, the interaction between this new mandate and existing provisions of the Registration Act (Articles 22, 46, 47, and 48) necessitates rigorous legal analysis and the development of clear judicial precedents. This transition represents a critical move toward a more transparent and secure real estate market in Iran, though its success depends on resolving these complex procedural and substantive ambiguities.
کلیدواژهها English