A reflection on the territory of Article 34 of the Registration Act

Document Type : Original Article

Authors

1 University of Tehran

2 استان چهارمحال و بختیاری- فرخ شهر- خ فداییان اسلام. ک 34. پ 1 منزل شهباز 09169377478

3 Expert of the presidential legal assistant

10.48308/jlr.2024.234502.2662

Abstract

The legislator, in 2008 embarked on amendment of Article 34 of Registration Code and made a series of changes on the sale of mortgaged property. But alongside of the advantages these amendments, there still are some defects and vaguenesses: Firstly, the text of Note 1 of the Article, at least in apparent, comes to mind that the enforcement of each mortgage contract must be performed by the interference of public authority and official formalities, while this duty, concerning the small and petty contracts, does not look logical. Secondly, the mentioned Article has not anticipate for some of the measures of pawnee after the infraction of debtor to pay debt, any period. This has caused the process of enforcement with ambiguity and it is probable in some circumstances, culminates in the debtor's denial of justice. In this paper, the authors, while explaining the above objections, try to offer the ways to solution of the problems.

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Main Subjects



Articles in Press, Accepted Manuscript
Available Online from 26 May 2024
  • Receive Date: 18 January 2024
  • Revise Date: 11 April 2024
  • Accept Date: 26 May 2024