Analysis of Jurisdiction in Cases Regarding Protest to Execution of Enforceable Official Documents and Invalidation of Execution Order

There are controversies among judicial bodies relating to jurisdiction of dealing with protests to execution of enforceable formal documents, because the boundary of jurisdiction is not clear in relevant laws. On the one hand, hearing the complaints of execution of enforceable official documents is under the jurisdiction of the notarial bodies unless the executive operation has been finished, and on the other hand, claims about execution order is proceeded in courts, and jurisdiction to proceeding is up to the court at place of executing that order. Distinguish between these two issues depends on analysis of procedure of the court and notarial bodies. Do notarial authorities have jurisdiction to hear the action about execution of enforceable official document or this task lies beyond his jurisdiction, and at this stage the court must resolve the problem. This article deals with the above mentioned questions in the light of case law and decisions of notarial high council.