مطالعات فقه و حقوق اسلامی (Aug 2021)

Position of new registration of single-page documents and calligraphy in validation of official documents and sale of estate

  • Jamshid Mehrasa,
  • Alireza Hasani,
  • Mohammad Rovhani Moghadam

DOI
https://doi.org/10.22075/feqh.2021.22295.2717
Journal volume & issue
Vol. 13, no. 24
pp. 439 – 456

Abstract

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The cadaster, which is referred to in the Iranian legal system as "Hadnagar", is a type of registration mapping that has legal value and determines the status of the country's property. Cadaster is a new concept in property registration, ie electronic property registration. Despite the importance and position of this institution in the new registration law, in the legal system of Iran and Australia, some issues related to it, especially in the country, have been neglected. Although Iran's registration system is a coherent system and has the ability to create legal security, it is not compatible with the needs and interests of society, so it needs reforms to improve its efficiency so that in addition to securing the interests of owners, block possible abuses and To many disagreements about the registration regulations that result from not paying attention to the type of registration system in Iran. From a legal point of view, the cadastre seeks to identify four basic characteristics regarding real estate. These characteristics are: the owner of the property, the method and means of transferring ownership of the property, the geographical location and the four boundaries of the property based on the main and sub-registration numbers and the quantity and size of the property. By identifying these cases and recording them in single-page cadastral documents, it will be a great help to validate official documents and guarantee and facilitate transactions. Establishment of cadastral system in the country is very important today because this system plays a role in the position and validity of official documents and on the other hand provides security of tenure and ownership of real estate, facilitates investment and guarantee of real estate transactions, effective and transparent property valuation Guarantees and ultimately promotes the consolidation of official property and transactions and the elimination of statutory and ordinary transactions. The present study uses a descriptive-analytical approach to the cadastral position in the accreditation of official documents and the guarantee and facilitation of real estate of transactions, and has a significant effect on reducing claims related to this field.

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