Interpretation of Article 62 of the Provisional Sentences of National Development Plans approved on 10/11/1395
Subject Areas :
Keywords: Contract Interpretation, Intentionalism, Article 62 of the Statutory Provisions of National Development Plans approved on 10/11/1395,
Abstract :
Abstract Articles 22, 47 and 48 of the Iranian Property Registration Law, approved on December 26, 1310, require registration of all transactions involving immovable property. Article 48 of the above law, the guarantor of the failure to register a contract relating to immovable property, considers it to be unreliable. The weight of the guarantors mentioned has led to a disagreement in the legal doctrine. Effective knowing the will of the parties was that the interpretation of the law was such that the will of the parties would not be discredited. The effects of this dispute have led to the enactment of Article 62 of the law on permanent development plans approved by the United Nations Development Program on 10/11/1395. According to this article, immovable property transactions with a history of registration must be formally made, but if the court finds that the ordinary document has a religious validity, this document is valid. Such a document is capable of being cited against a third party and is fully valid. The court can rely on such indications as: the reasonable possibility of paying money and registering a contract in the property information system in order to authenticate and validate these ordinary documents. However, in the law of some countries, the assumption of a conflict between a formal and ordinary document in the case of immovable property is absolutely authentic in the official document. The final part of article 1198 of the French Civil Code of Correction 2016 is an example of this approach.
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