The laws require a certain formality for all legal dispositions that occur on the property, and at the forefront of these formalities is the registration of the legal disposition in the Real Estate Registration Department officially before the competent authorities.
In this regard, Article 1 of the Syrian Real Estate Registry Law stipulates that “the real estate registry: is a set of documents that show the descriptions of each real estate and specify its legal status, stipulate the rights accruing to it and it, and show the transactions and amendments related to it,” as stipulated in the Real Estate Registration Law No. (43) of the Iraqi year 1971 in Article “1” thereof, stating that “the following expressions for the purposes of this law shall have the meanings indicated opposite them… Real Estate Registration Department – the department concerned with conducting real estate registration in accordance with the provisions of this law, Real Estate Registry – the register in which real estate registrations are recorded According to the provisions of the law and based on it in the issuance of the bond .. “.
As for the Turkish law, Article “705” of the Civil Code stipulates that “immovable funds are obtained through registration…”.
In this context, the issue of the legality of the legal actions received on a property without being registered in the land registry or real estate registration department is raised. And he paid its price without registering it with the Real Estate Registration Department, because this contract does not oblige the seller to transfer ownership, and does not guarantee the buyer’s right to the sold property, but in the event of a dispute, it is considered proof of the payment of the price, and the recipient is obligated to return it to its owner.
