The role of official documents in invoice-related contracts

Subject Areas : Nameh Elahiyat

Maryam Ibn Turab ¹ (Department of Jurisprudence and Fundamentals of Law, North Tehran Branch, Islamic Azad University, Tehran, Iran.)

Received: 2022-09-05 Accepted : 2022-09-05 Published : 2022-08-23

Keywords: Bills, gifts, Official documents, Mortgages, endowments, pledges,

Abstract :

The legislator has made the bill a condition for the authenticity of some contracts, including mortgage, waqf and gift contracts. In practice, some of these contracts are created by drawing up an official document, without actual possession by the other party. According to the evidentiary aspect of official documents, legally the owner of the document is known as the owner. In this case, a legal challenge arises, which has jurisprudential roots, because from the point of view of jurists, the bill is recognized as valid in these contracts, while the document may be officially and legally registered, but the owner of the document does not receive any physical bill. did not happen From a jurisprudential point of view, according to some, these contracts can be returned due to lack of receipt. The articles of the civil law also confirm this opinion. This research aims to investigate the forms in question in order to answer the question whether official documents can be considered customary bills. And follow the juridical and legal effects of a contract? By examining the views of jurists and legal experts in these cases, the conclusion was reached that not only the official document can show the serious intention of the contracting party, but it can also be considered as an example of the bill, and it can be said that the official document is the regulator of commitment to the contract. has accepted it, because he knows that with the registered document, the owner of the document is recognized as the owner, and if the organizer of the document claims ownership, he is considered a claimant.