Reliability of the official document against third parties in registered real estate transactions;Study in the Iranian momentary legal system

Approving the Law on Registration of Deeds and Real Estate approved in ۱۳۱۰ and announcing the compulsory registration of immovable properties over articles ۲۲ & ۴۶ to ۴۸ of the said law, this question and doubt arose in jurisprudence, is the preparation of an official document in the sale of registered property one of the basic conditions for the validity of the transaction?In response to this questions, two theories have been formed among the authors: Each of these theories has part of the truth. Therefore, in the new writings, an intermediate solution has been adopted and the ability to cite a formal contract against everyone is mentioned. In contrast, the ordinary document is valid only between the two parties. Although the latest legal provisions have approached this position, but due to the objections of the Guardian Council at the time of its approval, the article has become a complex text.

Keywords:

transaction , real estate , official document , citation , obligation