Lawyer Diploma Holder Parliament Speaker Unaware of Where to Finalize Real Estate Transactions: Ioannisian to Alen Simonian
Daniel Ioannisian writes on his Facebook page: "Alen Simonian publishes a notarial agreement stating that he sold an apartment in 2016, while the Fact-Checking Platform releases a 2021 certificate from the Cadastre indicating that the apartment belongs to Alen Simonian. So whose apartment is it, and who is correct?
According to part 1 of Article 302 of the Civil Code, a transaction subject to state registration but not registered is void. Per part 1 of Article 135 of the same code, ownership rights to real estate and other property rights, their limitations, origins, transfers, and terminations are subject to state registration. This means that if a real estate sale transaction is not registered with the Cadastre Committee, then that transaction is null and void.
And this explains why the Cadastre issued a certificate stating that the disputed apartment on Abovyan Street indeed belongs to Alen Simonian. That is, Alen Simonian is indeed the co-owner of the apartment in building 62 on Abovyan street to this day, even though a notarial transaction for its sale was established in 2016.
Perhaps Alen Simonian and the buyer were unaware in 2016 that they needed to go to the Cadastre, which resulted in unintentionally nullifying the transaction concluded before the notary. It remains to be seen how aware Alen Simonian was that the apartment still remains in his name (until it gets declared). I don't know, but if the Speaker of Parliament with a lawyer's diploma does not know where to finalize and certify a real estate transaction and does not realize that an entire apartment is still de jure his... what can I say?"