Considering that Articles 47 and 48 of the Registration Law have stated that registration of the document of settlement contract is obligatory and its sanction is the non-acceptability of unofficial documents in courts and departments. However, it must be said that these articles do not declare the invalidity of normal documents absolutely, but the meaning of the non-acceptability of such documents is that they cannot be referred to in relation to third parties, while such documents are valid and authentic for the parties to the contract, and because of the fact that the document is a normal contract, the parties to the contract cannot refuse to fulfill their commitment and execute the contract by the excuse that such documents must have been registered in accordance with the law. Therefore, referring to ordinary settlement agreement, the grantee cannot claim the propriety of some property against persons other than grantor, but in the case of denial of the occurrence of a transaction between the parties to the settlement, the beneficiary can refer to the ordinary document of that transaction to prove the occurrence of the transaction between themself and the other person, and such a reference is reviewable by the court. In addition to that the grantor and grantee can refer to ordinary document and any provable evidence in their controversy and dispute about the settlement subject and prove the occurrence of settlement, the grantee can bring an action against the grantor and obligate them to arrange an official settlement document by proving the settlement and by invoking to Article 220 of the Civil Code, because according to the mentioned article, transactors are not only committed to what is stated in the contract, but are also committed to all the results of the contract in accordance with customs or law. However, if a dispute occurs between the grantee and a third party about the settlement subject and an action is brought, then if the grantee presents the ordinary settlement document to prove their ownership, the court according to the Registration Law will not consider that document effective, and the grantee may even be convicted against the third party. The settlement is not correct if its provisions arecontrary to the law, order and the general rules, and if the settlement document arranged in a notary office has a substantive, procedural or legal problem then the competent legal authorities such as the High Council of Registry investigate the issue and the provisions applicable will be issued.
LEGITYMACJA PROCESOWA UMOWNEGO ZARZĄDCY NIERUCHOMOŚCI
