The procedure of registration dispute resolution authorities with an approach based on jurisprudence

Subject Areas :

mehdi soltani ¹ , Mohammad Mazhari ² , saeid mosavi ³ , naser rahbar ⁴

1 - PhD student in Public Law, Faculty of Law and Political Science, Islamic Azad University, Tabriz / Iran Branch
2 - استادیار گروه حقوق دانشگاه تبریز/ایران(نویسنده‌ی مسئول)
3 - Assistant Professor of Law, Department of Basic Sciences, Tabriz University of Medical Sciences / Iran
4 - Assistant Professor of Law, Islamic Azad University, Tabriz Branch / Iran /

Received: 2022-07-14 Accepted : 2022-12-03 Published : 2022-11-22

Keywords: structure, challenges, competence, Registration Dispute Resolution References,

Abstract :

The registration dispute resolution authorities are the exclusive administrative authorities under the Real Estate and Deeds Registration Organization and the Judiciary.The history of the rules and customs related to the registration of documents and real estate in Islamic lands goes back to pre-Islamic laws, especially the registration systems of Iran, Rome and Egypt. Due to the issuance of some opinions conflicting with jurisprudence-legal rules in dispute resolution authorities, including special registration laws, the supervisory board and the Supreme Council of Registration doubles the importance of conducting this research.The purpose of writing this article is to examine the jurisprudential-legal challenges of registration dispute resolution authorities. The obtained results indicate that although there are specific methods and procedures in the laws and executive regulations and the guidelines of the dispute resolution authorities, but in practice they do not guarantee the rights and freedoms of the parties. This has caused the authorities to stay away from the proceedings, including the principles and standards of fair proceedings.Therefore, in most cases, the efficiency and effectiveness of some registration dispute resolution authorities has diminished and faced challenges. The conflict between the procedural rules of registered dispute resolution authorities and certain jurisprudential-legal rules such as non-harm, compensation, compensation, hardship and harassment is evident in some cases. Therefore, examining these challenges and finally reaching a solid opinion that causes jurisprudence rules to be questioned, is one of the important necessities of this article.