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

Document Type : Original Article

Authors

1 Phd, Faculty of Law & Political Sciences, University of Tehran, Tehran, Iran Corresponding Author Email: amin.ghasempour@ut.ac.ir

2 Assistant Professor, Faculty of Humanities, University of Shahrekord, Shahrekord, Iran

3 L.L.M, Faculty of Law, University of Tehran: Farabi College, Qom, Iran

Abstract

In 2007, the legislator amended Article 34 of the Registration Code and made changes to the process of selling mortgaged property. But alongside the advantages of these amendments, there are still some defects and vagueness: The context of the preamble of the Article and its Note 1, at least in apparent, stipulates that the execution of any mortgage contract must be carried out with the intervention of a public authority and the performance of official formalities, while this obligation does not seem logical for ordinary (informal) contracts in which the mortgagee has a mandatum in the sale of collateral. Furthermore, given that both the preamble of Article 34 and its first note attempt to determine the transactions and contracts covered by Article 34, the question must also be answered: What is the contribution of each of the two provisions? And, in fact, what is the difference or possible overlap between the two? The authors have outlined these issues and offered solutions to them.

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Main Subjects

References

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History

  • Receive Date: 18 January 2024
  • Revise Date: 11 April 2024
  • Accept Date: 26 May 2024

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