Document Type : Scientific research
Authors
1 shahid chamran university of ahvaz ahvaz iran
2 Assistant Professor of Private Law, Faculty of Law and Political Science, Allameh Tabataba'i University
Abstract
In an analytical and descriptive method, article 1 of the mandatory formal registration of immovable properties has been discussed from economical and legal point of view. The main object was explanation of Legal acts which must register at electronic registration system of documents and the sanctions of non-registered contracts. economical basics(ex ante) of that article and its rules and effects economic justification (ex past) has been discussed.conclusion is that although The legislator has not clarified the performance guarantee on non-registered contracts and just specified some sanctions such as :rejection of hear the lawsuit about proof and enforcement of the contract, eviction from the property, invalidation of the document, specific performance, criminal compliance, But it seems that an informal contract about immovable properties is invalid and the fact that the only acceptable claim is restitution of considerations means that the contract is invalid. In addition to, analysis of the effects of termination of the first contract on the next contracts show that it's economically justified and is according to the most principles of economic analysis.
Keywords
©2025 The author(s). This is an open access article distributed under Creative Commons Attribution 4.0 International License (CC BY 4.0)
regarding the proposal to require the official registration of real estate transactions, Islamic Parliament
Research Center Of The Islamic Republic Of IRAN. (In Persian).
[2] Ansari, M. (2011). Economic analysis of the Law of the Contracts. Tehran: Javdaneh publications. (In
Persian).
[3] Bagheri, M.; Almasi, M.; Rahmani, S. (2020). An Economic Analysis of Public Registration of Documents
and Transactions, With a Focus on Real Estate Transactions, Tehran: Shahre Danesh. (In Persian).
[4] Bariklou, A. (2016). Contract law, specific contracts (1st ed). Vol. 1. Tehran: Mizan publication. (In
Persian).
[5] Cohen, M.; Howrey, E. (1999). Implied Terms and Interpretation in Contract Law, 4400, 78-99. Available
at: https://reference.findlaw.com/lawandeconomics/4400-implied-terms-and-interpretation-in-contractlaw.pdf
[6] Cooter, R.; Ulen. T. (2010). Law and Economics,Translated By: Dadgar, Y.; Akhavan, H., Teran: Tarbiat
Modarres University Press and Noor-e Elm. (In Persian).
[7] Cooter, R.; Ulen, T. (2016). Law and Economics (6th ed). Berkeley Law Books. Book 2.
[8] Dadgar, Y. (2010). Main Dimenssions of Law & economics, Tehran: Tarbiat Modarres University Press and
Noor-e Elm. (In Persian)
[9] Dreze, J.; Stern, N. (1987). The Theory of Cost-Benefit Analysis, Handbook of Public Economics. New
York: Elsevier Science Publishers.
[10] Emami, H. (2006). Civil Law (26th ed). Vol. 1. Tehran: Eslamieh pablication. (In Persian).
[11] Hermalin, B.; Katz, A.; Craswell, R. (2006). The Law and Economics of Contracts, The Handbook of Law
& Economics, Columbia Law School, NO. 296, Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/1416.
[12] Hernando, D. (2007). The Mystery of Capital, Why Capitalism Triumphs in the West and Fails Everywhere
Else (3rd ed), Translated by Tafazoli, F. Tehran: Ney Pablication. (In Persian).
[13] Javaherkalam, M. H. (2022). The Effect of Termination of a Primary Contract on Subsequent Transactions;
The analysis and Interpretation of the Binding Precedent No. 810, dated 2021,05-25, Rendered by the General
Board of the Supreme Court. Criticism and analysis of judicial decisions. 1 (2), 168-213. (In Persian).
[14] Javaherkalam, M. H. (2023). The Status of the Transferee's Possessions at the Time of the Transferor's
Right of Termination in Islamic Law, Economic and Commercial Law Research Quarterly, 1 (1), 69-96. (In
Persian).
[15] Katouzian, N. (2004). Elementary Studies in Civil Law: Contracts, Unilateral Acts (9th ed). Vol. 9, Tehran:
Enteshar Co. (In Persian).
[16] Katouzian, N. (2008). Civil Law: Specific Contracts (10th ed). Vol. 1. Tehran, enteshar Co. (In Persian).
[17] Katouzian, N. (2009), Civil Law: General Principles of Contracts (8th ed). Vol. 1. Tehran: enteshar Co. (In
Persian).
[18] Katouzian, N. (2013). General Principles of Contracts (11th ed). Vol. 1. Tehran: Enteshar Co. (In Persian).
[19] Katz, A. W. (2005). Contractual Incompleteness: A Transactional Perspective, Columbia Law School, 56
Case W. Res. L. Rev. 169.
[20] Parisi, F. (2007). Coase Theorem, New Palgrave Dictionary of Economics (2nd ed). L. Blume and S.
Durlaufe, eds., Macmillan Ltd., , Minnesota Legal Studies Research Paper, No. 07-12.
[21] Polinsky, M.; Shavell, S. ( 2007). Elsevier, Columbia law & economics working paper No. 296 .
[22] Rahpeyk, H. (2009). Civil Law, Specific Contracts (1st ed). Vol. 1. Tehran: khorsandi publication. (In
Persian).
[23] Richard, k.; Zerbe, O. (2001). Economic Efficiency in Law and Economics, UK Northampton, MA, USA:
Edward Elgar Cheltenham.
[24] Sadeghi, M. (2021). Course Notes for International Economic Commercial Law. Tehran: Faculty of Law
and Political Science at University of Tehran. (In Persian).
[25] Safai, H. (2020). Elementary Course of Civil Law, General Principles of Contracts (32nd ed). Vol. 2.
Tehran: Mizan publication. (In Persian).
[26] Shahidi, M. (2009). Civil Law, Conclusions of Contracts and Obligations. volume 1. Tehran: Majd
publications. (In Persian)
of the theory of economic efficiency, Legal Research Quarterly. 18 (72), 311-336. (In Persian).
[28] Tomasz, F. (2017). Economic Efficiency in Economic Analysis of Law. Journal of Fir and Financial Law,
3(15).
[29] Zamir, E. (1998). The Efficiency of Paternalism, Virginia Law Review. 84(2), 229-286
)
Send comment about this article