نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار دانشکده حقوق و علوم سیاسی دانشگاه تهران، تهران،ایران.
2 دکتری حقوق خصوصی دانشگاه تهران، تهران، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
from the point of view of the economicanalysis of law,one of the goals of the legal institution is "registration of real estate transactions",reducing and correcting "Imperfect Contracts" and "Transaction Costs" for the "optimal use of scarce resources" i.e. real estate. considering that unregistered real estate transaction is one of the most important examples of imperfect contract, therefore, it is important to analyze the mutual impact of the economic theories of imperfect contracts and transaction costs with the legal system of secondary registration, in preventing contractual defects. therefore, the question arises that how does the existence of the secondary registration system help to correct imperfect contracts and reduce the costs of real estate transactions? This research is theoretical-applied and the research method in it is library and the method of investigating the issue and analyzing the data is descriptive-analytical. finally, it was concluded that the existence of an imperfect registration system leads to the conclusion of imperfect contracts from the point of view of law and causes an increase in transaction costs.it is desirable not to have an "absolutely imperfect real estate contract" from the point of view of economy. therefore, the existence of the principle of mandatory registration of transactions is necessary.in fact, a secondary registration system with full legal effect, it leads to the conclusion of a perfect contract from the point of view of law and a partially imperfect contract from the point of view of economy and causes the reduction of real estate transaction costs.
کلیدواژهها [English]
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