The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Administrative solutions to reduce claims arising from pre-sale contracts in the light of the role of government regulation

Document Type : Original Article

Authors
Mohammad Bagher Olfat 1
Abdollah Kiayi 2
Masoud Alborzi Varaki 3
1 PhD Student in Private Law, Islamic Azad University, Zanjan Branch, Zanjan, Iran
2 Retired Assistant Professor, Department of Private Law, Imam Khomeini International University, Qazvin, Iran
3 Associate Professor, Department of Law, Imam Khomeini International University, Qazvin, Iran
10.22034/mral.2022.548521.1276
Abstract
Nowadays, disputes in the sale of buildings and apartment units before construction is one of the common problems in society, which depends on pre-sale or pre-construction contracts. The long duration of construction projects and fluctuations in the prices of materials, especially due to today's unstable economic conditions, is one of the important reasons for the many differences and obstacles in the development of pre-sale contracts in Iran. Regardless of the circumstances beyond the control of the parties, many contractual and non-contractual issues, due to the multidimensional complexity of pre-sale contracts, cause the parties to differ in fulfilling the obligations of such contracts. In this study, the factors that cause differences in real estate contracts (in general) and pre-sale contracts (in particular) are investigated. The government and especially the document registration organization can reduce the number of lawsuits in this area by applying appropriate regulations in various areas such as pre-sale registration, adequate awareness, and implementation of the cadastral plan. Radameh also offers solutions to prevent disputes in building pre-sale contracts, which seems to be one of the most important solutions for the official registration of building pre-sale contracts. In general, in this study, regardless of the type and nature of pre-sale contracts, in a descriptive-analytical manner to identify the causes of disputes with the origin of the administrative system and ways to prevent these disputes from the perspective of administrative law.
Keywords
Registration proceedings
regulation
pre-sale
cadastre
ownership
Subjects
Kakhari, Hossein, Analytical-applicative guide to civil claims in Iran's judicial system, Tehran: Judiciary Press and Publications Center, 2016.
Bayat, Farhad, comprehensive description of civil law, Tehran: Arshad, fifth edition, 2014.
Pourslim Bonab, Jalil, legal review of the method of separation of properties, lands, gardens and their extras, Tehran: Ferdowsi, 1st edition, 2012.
Jafari Langroudi, Mohammad Jaafar, Legal Terminology, Tehran: Ganj Danesh Library, 6th edition, 1372.
Zandi, Mohammad Reza, Judicial procedure of primary and appeal courts of Tehran province in civil affairs (Volume 10), Tehran: Jangal Javadane, first edition.
Shams, Abdullah, Civil Procedure (Advanced Course) (Volume 1), Tehran: Drak, 27th edition, 2011.
Tabatabai Hessari, Nasreen, Basics and Works of Real Estate Registration System, Tehran: Publishing Company, Third Edition, 2018.
Judiciary, the collection of judicial opinions of the appeal courts of Tehran province, Tehran: Judiciary Press and Publishing Center, 2013.
Katouzian, Nasser, General Rules of Contracts (Volume 1), Tehran: Publishing Company in collaboration with Bahman Barna, third edition.
Vice-Chancellor of Judiciary Education, Iran's Jurisdiction in relation to General Law Courts, Tehran: Jangal, 3rd edition, 2012.
Nazmi Herandi, Hamidreza, "A Reflection on the Nature and Transfer of Ownership in Apartment Presale Agreement", Ara Magazine, 2016, No.
 

Cheung, S. O., & Yiu, T. W., Are construction disputes inevitable?. IEEE transactions on engineering management, 53(3), 2006.
Daoud, O. E., & Azzam, O. M., Sources of disputes in construction contracts in the Middle East. Technology, Law and Insurance, 4(1-2), 1999.
Harmon, K. M., Resolution of construction disputes: A review of current methodologies. Leadership and Management in Engineering, 3(4), 2003.
Iyer, K. C., Chaphalkar, N. B., & Joshi, G. A., Understanding time delay disputes in construction contracts. International Journal of Project Management, 26 (2), 2008.
JR DeLisle, Fundamentals of Real Estate, Volume 20.
Omoto, T., Dispute boards, resolution and avoidance of disputes in construction contracts. In Proceeding of TC302 Symposium Osaka 2011: International Symposium on Backwards Problem in Geotechnical Engineering and Monitoring of Geo-Construction, 2011.
Rauzana, A., Causes of conflicts and disputes in construction projects. Journal of mechanical and civil engineering, 2016.
Rugină, C. R., Smart Contracts Technology and Avoidance of Disputes in Construction Contracts. LESIJ-Lex ET Scientia International Journal, 28(2), 2021.
Tabatabai, S. J., The Nature, Terms and Legal Effects of Presale or Pre-Construction Contracts of Building (Apartment). J. Pol. & L, 2017.
Tianna, Laurance, Blockchain For Dummies, 1st edition, 2017.
Wehrmann, B., Land conflicts: A practical guide to dealing with land disputes. Eschborn: GTZ, 2008.
The Journal of Modern Research on Administrative Law
Volume 5, Issue 14 - Serial Number 14
Fifth year, 14th issue, ّSpring 2023
Spring 2023
Pages 230-254

  • Receive Date 22 February 2022
  • Revise Date 02 July 2022
  • Accept Date 04 July 2022