Compensation for registration errors through title insurance and quasi-judicial proceedings

Fatemian, A.M.; Hasani, A.; Khajehzadeh, A.

doi:10.22056/ijir.2022.03.04

Document Type : Original Research Paper

Authors

¹ Department of Private Law, Semnan Branch, Islamic Azad University, Semnan, Iran

² Department of Private Law, Damghan Branch, Islamic Azad University, Damghan, Iran

https://doi.org/10.22056/ijir.2022.03.04

Abstract

BACKGROUND AND OBJECTIVES: Accepting the principle of compensation for damages caused by registration errors and using the capacity of title insurance and facilities of the supervisory board (subject of article 6 of the law on registration of deeds and property) to enhance the validity of the official document, reduce lawsuits and compensate victims.
METHODS: Library and analytical study. In the analysis, the principles of law and sometimes the interests of the legal system have been used. This article is the result of a study between three trends in law, including property law, civil liability law and insurance law, and it uses private law analysis and public law theories.
FINDINGS: A number of property registration errors violate the property rights of individuals.On the one hand, compensation for the victims is fair, and on the other hand, the public interest requires the preservation of the validity of the official document. Theoretical, jurisprudential and legal bases of Iran are sufficient to accept the principle of compensation for damages caused by registration errors instead of revoking ownership documents. In such a way that the economic development and legal security of the country are observed by maintaining the validity of the ownership document and, as the case may be, compensation from the real or apparent owner (transferred in the official transfer document). Using title insurance is one of the ways to compensate and maintain the validity of the official document and provide legal security for the parties. The Supervisory Board (article 6 of the registration law) is an institution for dealing with disputes and errors in property registration. And after making fundamental reforms, it can become the authority to issue appropriate decisions on how to compensate.
The main question of the article is whether there are legal grounds in order to accept the principle of compensation for damages caused by registration errors in the subject law of the country and Imami jurisprudence? If the answer is yes, how should compensate the losses?

CONCLUSION: The approach of providing and compensating the victims of registration services is considered a new phenomenon in the registration and legal system of the country, but there are theoretical, jurisprudential and legal bases from which the above approach can be regulated in iranian law.In order to compensate for the damage caused by registration errors through notarial insurance, in addition to respecting the principles and foundations of the property registration system, one must also respect the rules of the country's civil law, and issue an appropriate vote, as the case. In order to review the expertise and the principle of de-judicialization and in line with the transformation document of the judiciary, it is suggested that after reforming the structure and review process of the supervisory board subject to article 6 of the registration law, this board review the "property insurance" cases. The approach of providing and compensating the victims of registration services is a new phenomenon in the registration and legal system of the country that researchers should study in this regard.

Keywords

Main Subjects

Insurance rights

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Iranian Journal of Insurance Research

Compensation for registration errors through title insurance and quasi-judicial proceedings

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Volume 11, Issue 3 - Serial Number 41
July 2022
Pages 213-226

Compensation for registration errors through title insurance and quasi-judicial proceedings

References

References

Letters to Editor

Send comment about this article

Volume 11, Issue 3 - Serial Number 41July 2022Pages 213-226

Volume 11, Issue 3 - Serial Number 41
July 2022
Pages 213-226