Economical and legal analysis of article 1 of the mandatory formal registration of immovable propertie
In an analytical and descriptive method, article 1 of the mandatory formal registration of immovable properties has been discussed from economical and legal point of view. The main object was explanation of Legal acts which must register at electronic registration system of documents and the sanctio...
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| Format: | Article |
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Ferdowsi University of Mashhad
2025-02-01
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| Series: | دانشنامه حقوق اقتصادی |
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| Online Access: | https://lawecon.um.ac.ir/article_46025_6c9b53725847678cbbe10156aa866460.pdf |
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| author | Mohsen Alijani Mohammad Hadi Jvaherkalam |
| author_facet | Mohsen Alijani Mohammad Hadi Jvaherkalam |
| author_sort | Mohsen Alijani |
| collection | DOAJ |
| description | In an analytical and descriptive method, article 1 of the mandatory formal registration of immovable properties has been discussed from economical and legal point of view. The main object was explanation of Legal acts which must register at electronic registration system of documents and the sanctions of non-registered contracts. economical basics(ex ante) of that article and its rules and effects economic justification (ex past) has been discussed.conclusion is that although The legislator has not clarified the performance guarantee on non-registered contracts and just specified some sanctions such as :rejection of hear the lawsuit about proof and enforcement of the contract, eviction from the property, invalidation of the document, specific performance, criminal compliance, But it seems that an informal contract about immovable properties is invalid and the fact that the only acceptable claim is restitution of considerations means that the contract is invalid. In addition to, analysis of the effects of termination of the first contract on the next contracts show that it's economically justified and is according to the most principles of economic analysis. |
| format | Article |
| id | doaj-art-17d28204b4164e448365f0db4af4f02b |
| institution | DOAJ |
| issn | 2322-4177 2717-333X |
| language | fas |
| publishDate | 2025-02-01 |
| publisher | Ferdowsi University of Mashhad |
| record_format | Article |
| series | دانشنامه حقوق اقتصادی |
| spelling | doaj-art-17d28204b4164e448365f0db4af4f02b2025-08-20T03:12:34ZfasFerdowsi University of Mashhadدانشنامه حقوق اقتصادی2322-41772717-333X2025-02-01312616218410.22067/economlaw.2024.89080.138646025Economical and legal analysis of article 1 of the mandatory formal registration of immovable propertieMohsen Alijani0Mohammad Hadi Jvaherkalam1shahid chamran university of ahvaz ahvaz iranAssistant Professor of Private Law, Faculty of Law and Political Science, Allameh Tabataba'i UniversityIn an analytical and descriptive method, article 1 of the mandatory formal registration of immovable properties has been discussed from economical and legal point of view. The main object was explanation of Legal acts which must register at electronic registration system of documents and the sanctions of non-registered contracts. economical basics(ex ante) of that article and its rules and effects economic justification (ex past) has been discussed.conclusion is that although The legislator has not clarified the performance guarantee on non-registered contracts and just specified some sanctions such as :rejection of hear the lawsuit about proof and enforcement of the contract, eviction from the property, invalidation of the document, specific performance, criminal compliance, But it seems that an informal contract about immovable properties is invalid and the fact that the only acceptable claim is restitution of considerations means that the contract is invalid. In addition to, analysis of the effects of termination of the first contract on the next contracts show that it's economically justified and is according to the most principles of economic analysis.https://lawecon.um.ac.ir/article_46025_6c9b53725847678cbbe10156aa866460.pdfmandatory registration of the immovable properties contractselectrical registration of documents systemregistration of contracts terminationcontracts efficiency and securityeconomic analysis |
| spellingShingle | Mohsen Alijani Mohammad Hadi Jvaherkalam Economical and legal analysis of article 1 of the mandatory formal registration of immovable propertie دانشنامه حقوق اقتصادی mandatory registration of the immovable properties contracts electrical registration of documents system registration of contracts termination contracts efficiency and security economic analysis |
| title | Economical and legal analysis of article 1 of the mandatory formal registration of immovable propertie |
| title_full | Economical and legal analysis of article 1 of the mandatory formal registration of immovable propertie |
| title_fullStr | Economical and legal analysis of article 1 of the mandatory formal registration of immovable propertie |
| title_full_unstemmed | Economical and legal analysis of article 1 of the mandatory formal registration of immovable propertie |
| title_short | Economical and legal analysis of article 1 of the mandatory formal registration of immovable propertie |
| title_sort | economical and legal analysis of article 1 of the mandatory formal registration of immovable propertie |
| topic | mandatory registration of the immovable properties contracts electrical registration of documents system registration of contracts termination contracts efficiency and security economic analysis |
| url | https://lawecon.um.ac.ir/article_46025_6c9b53725847678cbbe10156aa866460.pdf |
| work_keys_str_mv | AT mohsenalijani economicalandlegalanalysisofarticle1ofthemandatoryformalregistrationofimmovablepropertie AT mohammadhadijvaherkalam economicalandlegalanalysisofarticle1ofthemandatoryformalregistrationofimmovablepropertie |