Legal security for real estate transactions is not achieved except by the presence of a judiciary that fills the gaps in legislation and sets commercial interpretations of reality and in accordance with the scope and role that the legislator leaves to the judiciary. Therefore, its directions must be in line with the distant goal of legislation, especially since real estate legislation has organized the procedures for real estate transactions and their registration in a specific formal manner, and failure to follow them results in the invalidity of the transaction itself. Therefore, judicial security has a major role in achieving legal security.
The purpose of real estate legislation is to achieve confidence and stability for those addressed by it to achieve the legal security that the legislator has set forth in its texts. This purpose was not set forth to achieve legal security for the rights of individuals to real estate in its occupancy only, but on the contrary, the greatest need for this purpose emerges in the event of a dispute. Therefore, we find that achieving the final purpose is reached through the judiciary, which is responsible for not deviating from the scope of the legislator’s purpose and setting rulings and interpretations that are consistent with it.
We will follow the comparative deductive approach to discuss the role of judicial security in establishing the principle of legal security for real estate transactions.