Transfer of the Benefits of Immovable Property and Methods of Proving It

Abstract

The transfer of the benefits of immovable property, as one of the most common forms of property exploitation, plays a significant role in economic and social relations. Nevertheless, the absence of an effective obligation to execute an official deed, or the practical disregard for registration formalities, has resulted in serious challenges at the stage of proving such transfers before courts. Differences concerning the evidentiary value of unofficial documents, conflicts between unofficial and official deeds, and inconsistencies in judicial practice regarding the admissibility of evidence are among the issues threatening individuals’ legal security. The present study, employing a descriptive–analytical method and relying on legal sources and judicial practice, examines the evidentiary challenges relating to the transfer of the benefits of immovable property arising from the execution or non-execution of official deeds. The findings demonstrate that the lack of consistency in the interpretation of registration regulations and evidentiary rules has led to contradictory judgments and has revealed the necessity for legislative reform and the unification of judicial practice. As stipulated in the Law on the Mandatory Official Registration of Transactions Relating to Immovable Property, a system has been established for individuals lacking official deeds concerning the ownership of benefits exceeding two years in order to organize unofficial documents and register them within the system. In the subsequent step, it is argued that the restriction of “more than two years” for the registration of ownership of benefits should be amended, and that the ownership of benefits, regardless of any temporal limitation, should be subject to organizational registration measures so that the legal ownership rights of individuals lacking official deeds may be guaranteed. Finally, practical legislative, judicial, and procedural solutions are proposed in order to reduce disputes and enhance legal security.