Examining the consequences of the seizure of immovable property without a document in the subject law of Iran

Abstract

This article examines and analyzes the confiscation of immovable property and the benefits and products of immovable property without a record of registration and examines its various aspects. The law of civil procedure refers the seizure of property, both movable and immovable, and the execution, evaluation and preservation of the seized property, and the seizure of the defendant's employment rights and his movable property that is with a third party, to the law on the enforcement of civil judgments. Therefore, the confiscation of movable and immovable property must be done in accordance with the provisions of the Law on the Implementation of Civil Judgments. Also, it has a special view and opinion on the appropriateness of evidence to prove the claim in establishing ownership, which is neglected in the design of claims and defenses, and in fact, considering all the rules. The ruling on the proofs of the claim should be based on the fact that the first and most important principle proof in proving ownership is the proof of possession as ownership.

This article is based on a theoretical approach and an analytical and comparative method on the subject laws and laws, especially the law on the enforcement of civil judgments and the new regulation on the enforcement of the provisions of official documents in force (approved on 11.6.2013) and with the aim of identifying and clarifying all aspects of confiscation of property. Real estate is written in the current new laws.