Suchergebnisse

Civil liability, contractual liability, and unconventional have two branches. If there is a contract between two or more persons and one of them committed a breach of contract (failure to perform, delay in performing the obligation) to and to harm the other party is incomplete and should the contract have contractual liability for damages cope. Where does harm to another person without a contract exists between them or if there is a contract, Inflict losses not related to the contract, the talk of non-contractual liability.About whether contractual and non-contractual obligations is two different legal system or single legal system form, there is disagreement among the lawyers: Some distinguish these two systems from each other. But others believe that because the purpose of civil liability is to compensate for losses, these two are the single legal system.By examining the different opinions, we see that both contractual and non-contractual liability system distinct from each other. And despite the contract, the victim can rely on the rules of non-contractual liability.

This research is procedure of dealing with adverse ownership documents that research method is analytical and library and descriptive and has been collected by relying on the texts of laws and procedures and circulars, articles, researches, and books that have been published on this subject and as well as experimental observations of the author. Reference to adjust and register contracts and ownership documents are notary public offices in accordance with Article one of a law of notary public offices approved 25 July 1977. Registration offices as higher than the reference of notary public offices have had a major and fundamental role in issuing ownership documents in accordance with provisions of the law the Real Estate Registration approved in 1931, as in accordance with Article 22 of law of Real Estate Registration as soon as the land property was registered in a notary public office, the government will know only a person as an owner who the land property has been registered in his/her name or a person who mentioned land property has been transferred to him/her and this transfer has been registered in a notary public office or the mentioned land property is reached from formal owner for him/her by inheritance. With increasing population growth, the differences have been achieved and courts of Iran have been encountered for years with the problem of litigation arising from the way of transfer of immovable land property. Islamic law has allowed this transition only with the agreement of two people, but the text of the law of registration has created this suspicion that the transfer must be done by an official document. It has been tried in this research that we examine the conditions of meeting the conflict of land property and conflict detection in ownership documents and we explain the role of court in addressing the adverse estates and administrative penalties for offenders with the duties of the Supreme Council for Registration.