Everything about the peace treaty

What is a peace treaty? What is a Property Peace Agreement? What is the difference between a real estate contract and a promissory note? What are the necessary conditions for creating a peace treaty?

Peace is one of the most widely used treaties in the world today. Historically, peace has initially been used as a means of resolving existing disputes and disputes, and has gradually been used for trade and exchange. Articles 752 and 758 of the Civil Code refer to these two aspects of peace.

In this article, we try to deal with the concept and nature of peace, types of peace and property peace treaties.
The concept of peace

Peace literally means surrender, compromise and reconciliation. In the world of peace law, it has two meanings:

1. A peace contract that traditionally replaces other contracts such as sale (transfer) or lease. That is, the two parties agree to establish or terminate a legal relationship. For example, you own two dangs of one property and your friend owns four dangs. After a while, you and your friend decide to sell your share, in which case you can enter into a peace contract instead of a sales contract with the customer, and you will have the result and effect of the sale contract, which is the transfer of ownership.

2A peace contract that is used by agreement and compromise of the parties to end the lawsuit. Peace of litigation means that two people have a dispute over an issue and make peace with each other to end the dispute. For example, your friend owes you one million tomans. But he says he owes five hundred thousand tomans. In this case, you both make peace on the amount of seven hundred thousand tomans.

Sometimes peace is a possible future dispute. This means that the two parties to the contract do not currently have a dispute or dispute with each other, but it is very likely that they will have a dispute in the future, and for this reason, they will make peace with each other at the beginning of their contract.
Pillars of peace

The pillars that are necessary for the conclusion of a peace treaty:

Material: One who gives his property to another as peace.
Reconciler: One who accepts property from the recipient.
Item of peace: property and subject matter that is subject to a peace contract (for example, two houses)
Peaceful property: money or money that one party receives in return for accepting a peace offer from the other.

We need to know that peace can be made in exchange for property or for free. It is also possible to make expensive money against very low-cost money, which is called “peace peace”; For example, if a person makes peace with another in front of a car.
Peace treaty

A real estate contract is widely used in real estate transactions and can replace property purchase or lease agreements. The purpose of a civil peace agreement can be to reconcile and resolve disputes between individuals. But there is no need for a real estate lawsuit to settle a peace deal.

For example, suppose a person wants to transfer ownership of his house or land to only one of his children after death. In this case, by concluding a peace contract without selling his property, he can clarify the ownership status of that house for the time after his death. In this case, the transfer is both legal and the heirs can not claim a share of the property. Because the property has been given to that child of peace.

Sometimes a real estate contract is made to settle a dispute between individuals. In this case, individuals reach a compromise and agreement to resolve a property dispute by giving concessions to each other and in the presence of a legal authority (court or dispute resolution council).

Types of civil peace

– Real estate agreement for buying and selling real estate
Signing a peace agreement to rent a property instead of a lease agreement
A real estate agreement to transfer the benefits of a property, such as a goodwill of a shop
– Concluding a letter of intent to renounce the ownership of a property or debt

Note that all of the above can be done with or without the exchange of money (or any specific exchange) in exchange for the peaceful property.
Terms of concluding a peace treaty

Competence of the parties means having the condition of age and maturity of individuals and having intellect.
Not bankrupt the person who makes peace his property.
Not mortgaging property and any other barrier to real estate transactions. For example, two people can not sign a peace agreement on a property that does not belong to either of them, because this contract is invalid and invalid from the very beginning.

The legitimacy of peace. For example, two people can not peacefully convert a property into a casino for rent or sale.
The formal contract of property, that is, peace, should not be for evading debt and debt.
A real estate contract is valid only for real estate and existing properties. Therefore, if a person makes a house or property to a person who has been destroyed at that time, the transaction is practically void.
Proof of any kind of civil war in court requires its formal preparation and conclusion.

Types of peace agreements
1. Peace of life

A lifetime peace agreement is a type of agreement that is made to prevent a dispute. Under this peace, ownership of property such as land, house, and property such as a car is reserved for a person, including relatives or anyone else. However, the right to use that property will remain with the transferor, either for him or for the life of the third party. For more information on the peace of life, refer to the following link:

Peace of life is easier and more peaceful than the monopoly of inheritance
2- Competitive peace letter

The right to use the property or assets may be transferred from one owner to another for a certain period of time. In this case, this right will automatically disappear at the end of the specified period.
3- Residential peace letter

The owner of an apartment, house or garden for another person may determine the right of residence on his property for a certain period. This peace is called a peace treaty.
The difference between a property deed and a deed

A real estate deed is a contract in which a sale or money is sold to another. That is, a written contract that is concluded between the parties, the seller and the buyer, or the so-called seller and the customer, which is sold under this financial contract in exchange for receipt of exchange or price or price, is called a promissory note.

In the deed, the property and the right of ownership are transferred to the buyer on the due date, but in the will, the materials can use the benefits of the peace property as long as it is alive and be transferred to the conciliator after his death.
Termination of the Civil War

When a person makes a peace on a property or issue and this peace treaty is valid according to the law, it is not possible to terminate the contract unilaterally. Termination of the property agreement is possible only with the agreement and consent of the parties or the provision of conditions for early termination in the agreement.
Frequently Asked Questions:
What is the difference between a peace treaty and an affidavit?

In the deed, the property and the right of ownership are transferred to the buyer on the due date, but in the will, the materials can use the benefits of the peace property as long as it is alive and be transferred to the conciliator after his death.
Will the inheritance tax be abolished after the drafting of the peace treaty and the signing of the interests and conciliators?

If you are referring to a lifetime peace contract and it is formally regulated, yes, there is no need to pay inheritance tax after the death of the materials, and a transfer tax will be collected at the same time as the formation of the lifetime peace contract.
What does hostile peace mean?

Peace can be made in exchange for property or for free. It is also possible to make expensive money against very low-cost money, which is called “peace peace”; For example, if a person makes peace with another car in exchange for a car.
Can one make peace with all one’s possessions?

Yes, everyone can make peace with all their possessions, and there is nothing wrong with that.

If a lawsuit is filed between two people and one party offers peace and the other party accepts, does that mean that the other party was right?

No. According to Article 755 of the Civil Code, a person can continue to deny the right of the other party and make peace. The other side makes peace so that the fight does not continue, not the other side is telling the truth.

Can the peace treaty be broken at any time?

No. Peace is a contract that the two sides can not dissolve and break whenever they want. Because of this feature, the contract remains in place after the death of the material or compromised.
If one person in peace deceives and deceives another, does the other party have the right to terminate the transaction?

Yes.
Should all the details be stated in peace?

No. In peace, it is not necessary to state all the details of the transaction. Rather, even if it is concise and concise, peace is still valid. It’s like telling someone I have a 150-meter house that I want to make peace with and have them accept. This peace deal is correct, although it is not mentioned in which area of ​​Tehran the house is, how many floors it is and…
What is peace like in terms of guardianship?

If the person in charge of another person wants to make peace with that person, the contract must be approved by the prosecutor, as the guardian may make a transaction to the detriment of the person in charge.
What is a power of attorney?

If a person wants to make peace on another’s property or property on his behalf, he can not do so just by having a power of attorney, unless he has been explicitly given the right to conclude a peace contract in that power of attorney. This also applies to the termination of power of attorneys.
Where to go for a real estate contract?

Real estate consultants or legal experts can be consulted to draw up and sign an informal real estate contract (ordinary peace). But to sign a real estate deed (final deed of property), you must go to the notary.
What is a final property agreement?

Definitive peace of property, which means the unconditional transfer of property. That is, if the property is mortgaged to the bank, a final peace is not possible until the property is taken out of the mortgage of the bank. Definite peace, then, means the unconditional transfer of property without any temporary legal restrictions.

If you have any questions or comments about the property agreement, write to us in the comments section.