نوع مقاله : مقاله پژوهشی
نویسنده
گروه حقوق خصوصی و اسلامی دانشکده حقوق حقوق و علوم سیاسی داتشگاه تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The Action to quiet title (real estate ownership Law suit) has had ups and downs in Iranian Jurisprudence. After the approval of the registration code, the courts considered the official document as the only way to prove the ownership for real estate. This procedure has changed over time; especially after the Islamic Revolution the courts dealt with the Action to quiet title with private document or any other type of evidence and on this basis they accepted the annulment of the official document. In the 1370s, the court's procedures changed to support the official documents of ownership and the registration code. In such a way that dismissal lawsuit was not accepted except by the owner of the official document. Due to the doubts raised by the Guardian Council regarding the legitimacy of the requirement of the registration to prove ownership and transfer of properties, the Jurisprudence was again inclined to accept these types of lawsuits, and annulment of official document based on private document or opponent transactions, increased in the courts. Despite that, currently, most courts do not accept lawsuits for proof of ownership that are not accompanied by the requirement for the preparation of an official document. According to the existing regulations, including Article 62, this procedure can be criticized and is a kind of clear violation of the law . In this article, we have tried to review the evolution of the action to quiet title in the Jurisprudence and criticize and analyze some important Judgments have issued in this regard.
کلیدواژهها [English]
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