نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق خصوصی ، واحد گرگان ،دانشگاه ازاد اسلامی ، گرگان ،ایران .
2 استادیارگروه حقوق، واحد آزادشهر، دانشگاه آزاد اسلامی ،آزادشهر ،ایران
3 استادیارگروه حقوق، واحد گرگان ، دانشگاه آزاد اسلامی ، گرگان ، ایران
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Proof of ownership is one of the lawsuits that judges disagree about its acceptance; But it seems that almost all judges agree on accepting such lawsuits regarding unregistered properties; But in the field of properties that have a title deed, according to articles (22) and (47), the courts recognize a person who has an official title deed in his name as the owner. The opinion of the experts is against the hearing of this lawsuit in registered real estate, that if we accept the claim of proof of ownership by issuing a judgment of ownership, the property will have two official documents at the same time, one with the defendant of the lawsuit, which is valid according to Article (22), and the other is a definitive ruling that proves the ownership of the holder of the ordinary document, and on this basis, they are against filing a lawsuit to prove ownership in the case of real estate with an official document. The legislator has tried to protect the property rights of individuals against usurpation by anticipating the "disposal lawsuit". The findings of this research, which has analyzed the effect of different stages of property registration in the case of expropriation and proof of ownership in a descriptive and analytical way and in a documentary and library method, indicate that in many courts and in general in Iran's judicial procedure, judges usually do not pay attention to the status and registration file of the property in the case of expropriation.
کلیدواژه‌ها [English]
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