Destruction of the object and its effects in the rights of the owner of the object

Khalil Yazdanparast, Mostafa Asadi, Rizwan Rakhshani


The provision of nobles' rights in regulations and laws has always been the source of various disputes between the owner of the field and the possessor of nobles, and a part of the court's time is spent on resolving such disputes. After the approval of the amended Articles 147 and 148 of the Registration Law on 4/31/1365, especially the ruling of the last part of Article 147, Clause 6 of this law, what seems clear and concrete in the judicial procedure, registration and even doctrine is the extension of this ruling to the absolute registration claims., including the ownership, limits and rights of the easement. That is due to the lack of time limit that the legislator has been very liberal in the provision of this ruling, without providing a time limit or a review of time for the implementation of this right for the so-called "affected" persons. The practical consequence of the implementation of this regulation, as it was predicted, is very unfavorable and a significant share of the registered lawsuits filed in the judicial authorities, which constitutes a major part of the statistics of judicial cases, is dedicated to the lawsuits for annulment of such ownership documents.

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