Invalidation of real estate registration restrictions/analytical study

Abstract

The importance of real estate transactions lies in their direct impact on aspects of economic and social life and in establishing the principle of stability of transactions, and to protect the rights of citizens, it is necessary to document these transactions according to a certain formality. Failure to adhere to them results in the invalidity of these transactions. These transactions may fulfill their formal aspect, but they may be tainted. An objective defect that prompts the affected party to resort to the judiciary to fix and correct these errors and legal violations after the registration has acquired its final form, or the competent authorities can correct these errors and legal violations before the registration acquires its

final form in accordance with procedures drawn up by the Real Estate Registration Law. The Iraqi legislator has allocated to protect real estate property rights and their importance in the life of society, an independent department that supervises the registration process in all its stages, ending with the issuance of the real estate registration document, and the preservation of established rights in accordance with the entries recorded in the file of each property, which represents the true image of the real estate registration record, and represents the identity of the property through Its descriptive documentation and the visas resulting from the property document the real and real estate rights of individuals. These departments must be the guardians of the rights of individuals and spread the real estate registration directorates throughout Iraq so that it becomes clear to the people about the boundaries and work of the real estate administrative departments and units affiliated with each directorate. The Iraqi legislator made the process of auditing the real estate registration documentation procedures subsequent to the issuance of the bond. In this case, addressing legal errors and violations may harm the rights holders financially and morally, in addition to delaying the completion of the real estate registration transaction, unlike if the audit process preceded the issuance of the bond, as it enables During the audit prior to issuing the bond, errors and deficiencies are addressed before registering and issuing the bond, which leads to speedy completion of the real estate transaction registration transaction and without the need to invalidate the real estate registration entries. What impact does it have on contractors or third parties who arrange rights in rem based on the defective registration?