Conditions and effects of electronic registration of documents and real estate in the legal system of Roman Germany and Common Law

Subject Areas : International Legal Research

Mehrdad Konani ¹ , Bakhtiyar Abbasloo ² , Mohammad Bahmani ³

1 - PhD Candidate in Private Law, Emirates Branch, Islamic Azad University, Dubai, United Arab Emirates. Email: [e-mail]
2 - Assistant Professor, Department of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran. (Author).Email: [e-mail]
3 - Assistant Professor, Department of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran. Email: [e-mail]

Received: 2023-09-17 Accepted : 2023-12-08 Published : 2023-10-23

Keywords: Common Law system, Electronic Registration, Document Registration, official Document, Civil Law system,

Abstract :

Field and Aims: Technology development has created a change in the nature of the documents, and today a new form of documents called electronic documents has emerged, plus the traditional system registration system has replaced electronic registration, which can have many works. This transformation is visible in various legal systems, including the civil law legal system and the common law legal system. Accordingly, in this article we will examine the terms and effects of electronic registration of documents and real estate in the Iranian, French, UK and US law system.Method: This article is written in an analytical-analytical method.Finding and Conclusion: Although the document has a long history, it has evolved with the advancement of document registration technology and today there is a new form of registration called electronic registration. The use of new communication methods and new communication and information technologies for recording documents is called electronic document recording.The electronic registration of documents has some effects, including the validity of the contents of electronic documents, the validity of electronic evidence against individuals, the necessity of the execution of an electronic official document, its enforcement effect in judicial authorities and de-judgment. Registration of documents in the English legal system has a long history and electronic registration of documents has also taken a new form using blockchain technology. In English law, the principle is that all immovable properties can be registered by private individuals, unless these properties belong to the Queen or are considered public properties like national parks, mountains, forests, etc. If a property is not registered in England, but is sold, or comes to the owner through a gift or will, or the owner mortgages it, in this case, the property must be first registered, and to prove the applicant's ownership, documents such as a purchase deed must be submitted. The property should be presented. In this system, as in Iran's legal system, in case of presenting a claim contrary to the presentation of a normal document, what is important is the record of the document's registration, and contrary claims cannot be made. In Iran, the electronic registration and filing of documents has been established since 2005, and in the United States, since 2017, the electronic registration system of transaction documents in the United States has evolved with the emergence of smart contracts.