In this article, we intend to introduce you to all the legal terms of real estate.
Dictionary of legal terms in real estate transactions
lands
It is the plural of land, which is called the earth in Farsi.
Assumed lands
In the registration terminology, mamluk lands are called ten, which are privately owned by individuals, and this term is used against communal lands.
lands of the dead
The land elements are favorable for the following:
1- Its history of private ownership is not known.
2- He should not be engaged in cultivation and construction.
3 – Does not have an actual owner.
The definition of Article 27 of the Civil Law is incomplete in this context, because the vacant land that does not have cultivation or settlement is not called favorable land; Rather, it may be a part of abandoned lands.
easement
It is a right for personal property in another property (Article 93 BC), such as the right to pass water through someone else’s property and the right to open a gutter on someone else’s land.
Inheritance
The assets of the deceased after deducting the financial obligations, debts and thirds are called inheritance and inheritance tax is assigned to it. That is, the amount resulting from the sum of financial obligations, debts and thirds that must be deducted from the positive assets of the deceased, and the remainder belongs to the inheritance tax; Because the title of inheritance only applies to the remainder.
Cucumber inheritance
The transfer of the right to cucumber from the deceased to his heir is called.
Arash
It is a fraction whose numerator is the difference between the correct and defective price on the calendar day of the traded item and its denominator is the subtraction of the correct part on the calendar day. When this deduction is multiplied by the price on the day of the contract, Arash is obtained, that is, the result of the said multiplication is called Arash.
Earth
A certain piece of land
agency
It means representation.
means of possession
Legal means to own something, for example, marriage is one of the means of ownership, or inheritance is also one of the means of ownership. Rhythm may also be the cause of possession.
caution
Obtaining methods in which the intention of the legislator is implemented as much as possible, and this is in cases where there is doubt, and only in cases where the intention of the legislator is clear, there is no case for caution. The doubts about which they are cautious are limited and certain and do not include all doubts Most cases of caution are far from caution.
Revival
The purpose of revitalization of the land is favorable and permissible, as well as works that are considered to be reclamation, agriculture, tree planting and construction are some of its examples. For example, if the land is rehabilitated for agriculture and the land is a forest, trees and bushes should be removed, and if water is needed, a waterway should be made, that is, a stream should be dug. But the flow of water is not a condition for the truth of revitalization, and as long as the land is prepared for cultivation and the waterway is fixed, revitalization is true, and plowing and cultivation is not a condition, if the land is one of the lands that constantly secretes water, its revitalization is definitely a waste of water. It is through drainage, if the land has ups and downs and agriculture is suspended to fix it, removing the ups and downs is a condition for revitalization in the rainfed lands that are used for the Mafi furrow, there is no need for stone removal and uprooting to benefit from that land and the furrow is the same. It is revitalization and it becomes his property, but merely drawing and marking these lands is an example of reclamation, not revitalization.
Revival of Mowat
Rehabilitation and Land Development Regulations of Bair and Mowat approved on 10.43.16 by the Board of Ministers No. 35402 dated 10.43.16
Intercession
If a divisible immovable property is shared between two people and one of them sells his share to a third party, the other partner has the right to obtain intercession;
Warning
It means that he has the right to give the price to the customer and take possession of the goods. In the word, it means reminding and reminding. In administrative terms (both judicial and…) it is an official reminder of one or more things within the limits of the current regulations, such as the warnings sent by the Ministry of Justice or the Registry to individuals within the limits of the law. can be
warning letter
They say the official sheet containing the warning
claim
(jurisprudence – litigation) is an old term and refers to a lawsuit.
permission
) Jurisprudence-Civil) Declaring the consent of the owner or his legal representative or the consent of a person who has given effect to his consent to perform a legal act of contracts and agreements or of usufructuary or usufructuary possessions.
Existential and nonexistent elements of permission are:
A- Permission is the declaration of satisfaction by someone who has the legal authority to make this declaration.
B- Permission is a legal act and is caused by will; That is, it is not an involuntary act
C – There is no intent to create in the permission (that is, the person who gives the permission does not create anything in terms of legal credit, but only removes a legal obstacle) In fact, he removes this prohibition and does nothing else. After this permission is issued, the Mazun can take possession of the property subject to permission with the help of his intention. Therefore, if the owner of the land in which there is sand, he generally gives permission to the people. to take from its sand and own it, and a person without knowing about this permission and without intending to take some sand from its sand will not become its owner, and the only feature of this permission is to remove the guarantee and civil liability.
It belongs to that person, but that sand and part of that person’s property will never reach his heir; Because it is not his property.
inner will
(Civil) It is synonymous with true will, it is said that the will occurred in the pronoun, whether or not the meaning of request or acceptance is completely in accordance with it or not. It is used against the apparent will.
true will
(Civil) The will that exists in the soul and has not yet been expressed, whether it is expressed through the words of request and acceptance.
apparent will
(Civil) The revealed will with the discoverer of the intention of composition. That is, the signified of the discoverer of the intention of composition is called the apparent will, whether it is in accordance with all the characteristics of the will or not, “contracts subordinate to the intention, this is the apparent will, not the inner will.”
fallow land
Its elements are as follows
A – To have an actual owner.
B- It is cultivated land.
C – The owner must be blind to its cultivation for a certain or limited period of time.
Fallen lands are among the inherited lands of each village, that is, it has a specific owner, unless it is spread over it, for example, through inheritance.
Barren lands
Its elements are as follows:
A- To have an actual owner.
B- He should not be engaged in cultivation and settlement.
C – The owner is blinded from the settlement for an indefinite and indefinite period.
The application of Baer to Mowat with the help of analogy is allowed (Note 2 of Article 1 of the Law on Transfer of Land to Agricultural Graduates, approved 22.10.38) Baer lands do not have a specific owner unless the owner’s objections are verified, which in this
Their faces are called Baer Be Malik.
Baer is of two types:
A – The supposed baer that has a specific owner
B- Common fields that some people have or are jointly owning, such as the lands of Dimkar village that have fallen into the form of fields.
desert lands
In some villages, some of the lands are rehabilitated by the people of ten with the help of each other and collectively, and because the water of the village does not reach all these types of land, every year some of the people of ten in that part of these lands that water to It arrives, they cultivate. These lands are different from the Mowat lands that form Hareem Deh and are considered the property of the people of Deh and form a type of common land of the people of Deh.
Dair lands
They say Abad and Ish lands in contrast to Baer and Mowat and abandoned lands
Abandoned lands
Its elements are as follows:
A- To have a clear history of private ownership.
B – He should not be engaged in cultivation and settlement at the moment.
C- Its former owner has been forcibly or voluntarily deprived of its ownership, such as the land whose owners were completely deprived of it in an earthquake
have been lost and destroyed. These lands have also been favorable in terms of possession and rehabilitation
As a result of the development of roads, abandoned lands found another use. As a result of the construction of that street, the fence is small and uneven
From the land of private property, it is located outside the road and it is not useful for the owner, this land is the property of the municipality
Abandoned and abandoned lands are also used in this term.
Common lands
In terms of registration, three categories of land are called
A – Desert lands
B- Mowat lands that form the boundary of Deh, and the people of Deh use them for making doab and cutting bushes and similar things.
C- The irrigated lands, which the people of Deh have revived together and every year, by temporarily dividing some people, they cultivate them and jointly own the same lands. The result of this division is called (barzegar bakhshi) and it is used in front of Marfuzi lands.
Execution of official documents
The execution of documents prepared by registration offices and notary offices and other government officials is within the limits of their competence and in accordance with the provisions of Articles 92 and 93 of the Registry.
Performance guarantee
A- The power used to apply the law or the court order, and this also means the implementation of the power
The executive is one of the three powers of the country
B- The reaction of the law against the violation of a legal order, for example, the law stipulates that the bridegroom must be Kabir and Rashid.
Executive guarantor, growth, non-interference of the transaction. It means that a transaction with a minor is invalid and a transaction with a non-reshid is not enforceable
And invalidity is two types of different types of performance guarantee in the second meaning.
Execution is the registration that is issued based on this letter of execution of official documents and one of its main effects is the ability
Seizure of the debtor’s document in case of refusal to pay the debt.
Execution of conditional document
In contrast to the execution of a dhimmi document, the execution of a conditional document is issued based on Article 34 of the Registration Law and has
It is one of the coordinates that the debtor of the document is not seized; The opposite of a promissory note.
wages
A- In the service lease contract (Article 514 BC) the economic exchange for the service is called wages.
B- Leasing property (in leasing objects – Article 468 BC) is also called wage. In this case, this word is compounded with another word, such as “Ajrah al-Musami” and “Ajrah al-Muthlam”.
proverbial wages
A- If someone benefits from someone else’s property and it remains the same property, and for the period during which the property is benefited, no rental property has been determined between the parties, what should be paid to the owner of the said property for the benefit of the benefit is called the customary payment; Whether or not the aforementioned confirmation is with the permission of the owner. In the latter case, the proverbial reward also has the aspect of damages
B- Sometimes it means to change the proverb.
salary
The wage mentioned in the lease contract is called the nominal wage.
Lease
A colloquial term for a written lease deed that indicates a permission contract.
Lease agreement
(Jurisprudence) A lease is one whose request and acceptance (or only request or acceptance) is non-verbal. For this reason, if someone gives an order to another to do something and that person does it without saying anything that indicates acceptance of the said order, this legal action (which is usually the permission to serve) is not considered permissible, but some consider it as a benefit. Instead, it is known and strange that the civil law has also followed the recent opinion under the title of estifa (Article 336 BC) and has considered it as a means of coercive guarantee (Article 307 BC), while according to Article 183 Civil law is the act of marriage.
Lease
It is called a lease document and is mostly used in colloquial terms.
99 year lease
(Civil) long-term leases are specified with this figure, as in the case of a broken marriage, the same period is 99 years.
can be determined (Article 8 of the Land Reforms Regulations approved 43.5.3)
Permission
The permission to express the consent of a person whose consent is considered as a condition for the effectiveness of the contract or agreement, which was issued by someone else (whether he is not the owner or the owner but is restricted – such as Safiya), provided that the said consent is issued after the issuance of the said contract or agreement. If it is issued before that, it is called permission. Sometimes they generally and with tolerance use permission, including permission and permission, in the above sense, and this use is degenerate.
permission
(Fiqh) in the terms of Darayya science (which is one of the preliminaries of the science of jurisprudence) is the permission of the master of hadith to another in narrating hadiths under special conditions and it is not necessary that the summary is superior to the permissible one, the permission may be oral or written, even if not valid It is not allowed. It may be permitted to criticize the hadiths of a specific book, or on the contrary, quoting all the hearsays is permissible, and it may be permissible for a specific person or non-specific persons (such as all Muslims). Some people believe that it is right to allow the dead, and it is right to allow the minor even at the time of birth, and there is a problem and difference in this case, the omission of the status was a kind of connection to the card, which unfortunately is still common today in a more severe situation, and the degree of science and It is the knowledge of Qartas that has greatly reduced the depth of science and increased its width.
Regulations
A- It is the regulations that the competent authorities such as the minister or the mayor etc. establish and enforce; Whether its purpose is to facilitate the implementation and legal interpretation of the laws of the subject or in cases where the law has not been established. In this case, the word Nizamname is also used. Sometimes the parliament itself imposes. In Islamic law, such regulations are called “Hakam” and they use it in contrast to “Sharia”.
B- By-laws or by-laws are the general regulations established by the executive authorities of the law in order to implement their executive duties and realize them, and do not include the by-laws approved by the parliament (the internal by-laws approved by the parliament in the sense of law means generally including All the general approvals of the parliament. By-laws have a general meaning that includes everything except the law (that is, the general approvals of the parliament) and circulars, and the concept of approval does not fall under it, and this is the correct meaning of by-laws.
Subscription
It is the title of the contracts in which the commitment is performed alternately or repeatedly and the compensation is paid in a lump sum or in installments, such as railway, electricity, newspaper, theater or gas and telephone subscriptions, etc. They say that its translation as “shared” is inappropriate and imitating the Arabs is pointless (paragraph 4 of Article 739 of the Code of Civil Procedure).
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