The Obligation to Execute Official Deeds in Real Estate Transactions: A Jurisprudential and Legal Analysis under Iranian Law

Abstract

The formal registration of real estate transactions is one of the principal mechanisms for securing ownership, protecting third-party rights, preventing conflicting transfers, and reducing property disputes in the Iranian legal system. Nevertheless, the widespread use of ordinary documents in real estate transactions has historically created tension between the rules of contract law and the requirements of registration law. This study examines the jurisprudential and legal foundations of the obligation to execute official deeds in Iranian real estate transactions and evaluates the changing legal position of unregistered transactions in light of recent legislative developments. Using a descriptive-analytical method based on jurisprudential sources, statutory rules, legal doctrine, and judicial approaches, the study analyzes the relationship between contractual validity, the binding force of agreements, formal registration, evidentiary status, registered ownership, and the protection of third parties. The findings indicate that the obligation to execute an official deed cannot be regarded merely as an administrative formality. It is supported by both contractual principles and broader jurisprudential considerations, including the binding nature of lawful agreements, prevention of harm, rational practice, preservation of legal order, and protection of financial rights. At the same time, the validity of the underlying agreement should be distinguished from the proprietary, evidentiary, and procedural effects that depend on official registration. The recent compulsory-registration regime reflects a clear legislative movement toward strengthening formal registration and restricting reliance on unregistered real estate transactions. This transformation is likely to reshape the traditional action for compulsory execution of an official deed by placing greater emphasis on registration compliance, third-party protection, and the reliability of the public register. The study concludes that an effective registration-centered system requires doctrinal clarity, judicial consistency, reliable electronic infrastructure, accessible registration procedures, and a balanced approach that protects contractual expectations without undermining the security of registered ownership.