عنوان مقاله [English]
The land Registration system is always subject to mistakes due to human management that, constitute Systemic Errors and, in the event of a conflict with the rights of third parties, resulting in a claim for damages. UK law not only not doubted the responsibility of Land Registries; also a special legal regime has been recognized to compensate for damages caused by Systemic Errors.
In Iranian law, this responsibility is in doubt. This research with an analytical and comparative approach has concluded that government responsibility in this area is based on the theory of guaranteeing the right to civil liability. In the UK, the principle is to prevent the invalidation of the registered owners and the possibility of claiming the price of the property by the victim.
In Iran, despite the approach of the registration law to this order, the jurisprudence based on the general provisions of the Civil Code and the Islamic Penal Code does not provide appropriate protection to the owner of the registration.