Title: Conflicts in the judicial procedure when confronting ordinary and official document transactions: analysing the decisions issued by the primary and appeal courts in Tehran

Authors: Iraj Babaei; Salman Pourmoridi; Nejatollah Ebrahimian

Addresses: Private Law and Economic Group, Law and Political Science Faculty, Allameh Tabataba'i University, Tehran, Iran ' Law Group, Faculty of Graduate School, Pardis Allameh Tabataba'i University, Tehran, Iran ' Private Law Group, Central Tehran Branch, Islamic Azad University, Tehran, Iran

Abstract: The present study aimed to examine and analyse the texts and opinions issued by the Appeal Courts of Tehran Province using a qualitative approach and conducting a document and content analysis. In the present work, several questions were taken into consideration, including does the ordinary document (affidavit proving document) indicate the ownership of the property registered in the name of another person in the real estate registry office or not? Can one request the court to rule on the cancellation of the formal document based on the intended ordinary document and its validity? It was revealed that as the influence of the official document was mentioned in the registration law, the official document is still valid and can be issued as invalid by the courts only in cases where there are faults in the trend of preparing and issuing the official document.

Keywords: ordinary documents; official documents; judicial procedure; conflict and citation ability; Appeal Court of Tehran Province; primary courts; Real Estate Registration Law.

DOI: 10.1504/IJPL.2024.142102

International Journal of Private Law, 2024 Vol.11 No.2, pp.155 - 170

Received: 24 Apr 2023
Accepted: 08 Mar 2024
Published online: 07 Oct 2024 *

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