مطالعات فقه و حقوق اسلامی (Mar 2020)

A Reinvestigating the cadaster entity and its role in proof of real estate actions Abstract

  • Jamshid Mehrasa,
  • Alireza Hasani,
  • Mohammad Rouhani Moghaddam

DOI
https://doi.org/10.22075/feqh.2020.19278.2271
Journal volume & issue
Vol. 12, no. 22
pp. 373 – 394

Abstract

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In the Iranian legal system, cadastre, has known " Hadnegar" or comprehensive land recording of the real estate. Cadaster is a type of registry mapping that has legal value. It determines the situation of the real estate or real property's metes-and-bounds of a country,value, position, ownership, area and type of land use. contrary to significance and position of this subject in new Registration law some its issues in the Iranian legal system have been neglected. The most important question about cadastre is that does cadastre contradict demonstrative evidence of claim? the present study, by the use of descriptive-analytical method, peruse the value of citation to cadaster’s maps in real estate action. Since instrumentality of contradict demonstrative evidence of claim and their role in attainment the philosophy and purpose of the proceeding and as regards to Credibility of cadastre’s data, this information can violate demonstrative evidence of claim.

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