Karbala University discusses a master’s thesis on the invalidation of real estate registration

Karbala University discusses a master’s thesis on the invalidation of real estate registration
The Faculty of Law at the University of Karbala discussed the master’s thesis tagged: “Real Estate Registration Annulment” (a comparative study). The message was submitted by the student Hussein Faisal Nima.
The study aimed to show that real estate registration is of great importance in practical life, as it has a significant impact on the protection of real estate rights, as this is done by legally followed procedures, and the failure to observe them results in the invalidation of these actions, and the invalidation of these real estate actions must be carried out according to correct legal mechanisms and be done By relevant parties identified by the effective Iraqi Real Estate Registration Law No. (43) of 1971, as amended in Article (139) thereof, and no one else can exercise these legal powers.
The study showed that the invalidation of real estate transactions takes place either before the registration acquires its final form, then it is administratively invalidated by the Minister of Justice. If the registration has acquired its final form, then the Iraqi legislation allowed it or the comparison for the injured who was unlawfully stripped of his right in kind and was registered in the real estate registry In violation of the law, and the registration having acquired its final form, the right to resort to the judiciary and to demand its annulment by filing a civil lawsuit before the court. Both types of annulment procedures have legal effects for the person of the contracting parties or third parties, as well as for legal actions issued by one side, and the importance of this on the stability of transactions and trust.
In conclusion, the researcher reached a number of results and proposals, the most important of which is that the registration is of great importance in the aspects of economic and social life and its impact on establishing the principle of stability of dealings between individuals. Therefore, we suggest that the invalidation of the real estate registration, whether it acquired its final form or did not acquire its form is subject to the validity and authority of the judiciary as the owner General jurisdiction and has the authority to resolve disputes, and we find it keener to implement and interpret the law and provide a real guarantee for all parties to the litigation.

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