The Function of Standardized Contracts in Ensuring Transparency and Legal Security in Immovable Property Transactions (A Critical Analysis)

Abstract

The phenomenon of standardized contracts in immovable property transactions represents one of the prominent manifestations of transformation within the private law system and the transition from the absolute dominance of individual autonomy toward institutional governmental regulation in transactional relations. These contracts are designed with the objective of harmonizing contractual provisions, reducing ambiguity, and enhancing predictability in transactional relationships. Within the framework of the Law on Mandatory Official Registration of Immovable Property Transactions (enacted in 2024), they function as an effective instrument for ensuring transparency and legal security. At the same time, although contractual standardization contributes to acceleration and efficiency within the registration system, it raises fundamental challenges from the perspective of contractual justice and the protection of the weaker party’s autonomy of will. Employing a descriptive–analytical approach grounded in comparative examination, the present study explains the nature, functions, and limits of the juristic and legal legitimacy of standardized contracts in immovable property transactions and demonstrates that the legitimacy of such contractual frameworks depends upon compliance with principles of transparency, procedural justice, and the public interest.