The Validity and Function of Informal Documents in the Transfer of Property Ownership Following the New Law on Mandatory Official Registration: Examining Conflicts, Legal Sanctions, and Practical Solutions in Real Property Litigation

The legal status of ordinary documents in the transfer of ownership of immovable property has long been one of the most contested issues in Iranian private law, particularly because legal doctrine, judicial practice, and market custom have not always moved in the same direction. For many years, instruments such as mobaye’eh-nameh and ghowlnameh played a substantial practical role in real estate transactions, even where formal registration had not yet been completed. However, the enactment of the new law mandating official registration of immovable property transactions has significantly altered this legal landscape by restricting the independent legal effect of unregistered agreements and prioritizing official registration as the principal basis of enforceable proprietary claims. The objective of this review article is to examine the validity and function of ordinary documents after the adoption of the new law, with particular attention to normative conflicts, legal sanctions, and practical solutions in real property litigation in Iran. This study adopts a doctrinal and comparative review methodology. It analyzes the conceptual foundations of property transfer in Iranian law, the policy orientation of the new registration regime, the litigation challenges arising from the diminished role of ordinary documents, and selected comparative experiences from foreign legal systems, especially civil law and common law models that similarly emphasize publicity, registration, and protection of third parties. The article also evaluates the practical consequences of the new legal framework for judges, lawyers, and litigants. The findings show that ordinary documents have not become entirely without legal significance, but their role has shifted from a quasi-transfer instrument to a limited evidentiary and remedial tool. They may still support claims related to contractual relations, restitution, damages, or bad-faith conduct, but they can no longer reliably function as the basis for asserting ownership where official registration is legally required. The article concludes that the new law strengthens certainty, transparency, and protection against conflicting transactions, but its fair and effective implementation depends on coherent judicial interpretation, accessible registration mechanisms, and a remedy-oriented approach to disputes arising from informal or incompletely formalized dealings.

کلیدواژه ها:

Ordinary Documents ، Immovable Property Transfer ، Official Registration ، Real Property Litigation ، Iranian Private Law