Jurisprudential Review of Non-hearing of Ownership Claims After the Implementation of the Plan to Require Official Registration of Immovable Property Documents

Ghafarian Panahi, Safa Ali; Shakeri, Belal; Banazadeh, Mohammad

doi:10.22075/feqh.2024.31604.3686

Jurisprudential Review of Non-hearing of Ownership Claims After the Implementation of the Plan to Require Official Registration of Immovable Property Documents

Articles in Press

Document Type : Original Article

Authors

Safa Ali Ghafarian Panahi ¹

Belal Shakeri ²

Mohammad Banazadeh ³

¹ دانش پژوه سطح 3 حوزه علمیه خراسان رضوی

² Ferdowsi University of Mashhad

³ navab Seminary

10.22075/feqh.2024.31604.3686

Abstract

Land grabbing, high volume of court cases and increasing delay of proceedings, increase in judicial administrative corruption, fraud, bribery, forgery, fragmentation of agricultural land, threat to food security, weakness in managing crises and natural disasters, etc. are only part of the harms of real estate and land transactions. It is based on normal documents in the country. In order to solve these damages, the plan of requiring the official registration of real estate and land in the registration system has been proposed. However, regarding this plan, there is a challenge of the legitimacy of not hearing claims after its legal notification; Because in the mentioned plan, a certain time has been set after the approval of the law to deal with claims, and after that, it is not possible to file a lawsuit. In this research, an attempt has been made to evaluate and analyze evidences such as the rule of system disorder, the rule of reason, the rule of symptoms and narrations with a descriptive-analytical method. In the end, the conclusion has been reached that the passage of time in the research question is legitimate and its duration is three years from the promulgation of the law.

Keywords

Immovable property

non-hearing of lawsuit

official document

ordinary document

passage of time