نقش سند رسمي در بيع املاك

The Role of Official Documents in Real Estate Transactions

The role of official documents in real estate transaction is one of the most significant issues of the post 1931 Registration Act. One may identify two main opinions in this concern: Some see registration of the transaction in an official document as a fundamental element of a sell contract, without which a contract is to be considered as void. According to the second opinion the transaction is a valid one, yet it can not be proved unless it has been officially registered. After presenting different opinions in this subject, I will conclude that there can be no unified rule for all types of the real estates. That is to say, we must make a distinction between real estates which benefit from official registration records, and those which lack such a record. In some, official registration is a fundamental element for the validity of the transaction, and in some others, it does not play such a role. Taking this distinction and the theoretical foundation of registration provisions seriously would enable us to tackle one the existing challenge to the real estate transaction.