The Impact of Legal Culture on the Development of Criminal Policy in the Field of Registration of Immovable Property Transactions: A Comparative Study of Iran and the European Union

Abstract

The Law Requiring the Official Registration of Immovable Property Transactions, adopted in 2024, constitutes a fundamental transformation in Iran’s legal system, the primary aim of which is to combat fraudulent transactions and informal deeds. Using a descriptive-analytical method and a comparative approach, the present study examines the impact of legal culture on the formulation and implementation of criminal policies related to the registration of real estate transactions in Iran and the European Union. The findings indicate that Iran’s legal culture, influenced by a person-centered registration system, Imami jurisprudence, and local customs, faces challenges such as resistance to official registration, lack of coordination among laws, and ambiguity regarding the validity of informal deeds. By contrast, the European Union, by adopting a cooperative registration approach, the Sixth Anti-Money Laundering Package, and centralized real estate registration regulations, pursues an integrated and cross-border system. This article argues that the success of criminal policies in both legal systems depends on their alignment with indigenous cultural values while simultaneously benefiting from modern smart-registration technologies and intersectoral coordination. Finally, solutions such as reconsidering the validity of informal deeds, establishing a centralized real estate information database, and developing cultural capacity are proposed.