نسرین طباطبایی حصاری

The " Booking Principle " as the link between "registration" and "validity” or opposability of land transactions" is one of the fundamental principles of the land registration systems that have been subject to exceptions, such as transfers based on inheritance, in the most registration systems, including Iran and raises questions; including what types of transfers are usually subject to the exceptional effect of land registration; what are the justifications for considering a transfer as the exceptional effect of the land registration; what is the function of the land registration system in relation to transfers subject to the exceptional effect and according to the expected function, how the beneficiaries of such transfers are led to register them. The present study, with a comparative-analytical method, first identifies the examples of transfers subject to exceptional effect in the land registration systems; And by examining the justifications of "acquisition based on the adverse possession", "transfer based on the inheritance" and "transfer based on the court decision" as the three main examples of these transfers - the latter two examples are also present in Iranian legal system – considers "supporting possession based on Labor Theory", "inheritance as a constitutional rule related to the public order" and "the necessity of not denying legal situations resulting from law and judicial decisions" as the most important bases for considering these examples in the realm of the exceptional effect of the land registration, regarding them, the registration system has the declaratory function. In this regard, to encourage the beneficiaries to register transfers subject to the exceptional effect,  the general solution of "relative effect of registration" is proposed; Although it is not clarified in the Iranian legal system, but adherence to it can be observed in the jurisprudence and some circulars according to the principles of registration.

from the point of view of the economicanalysis of law,one of the goals of the legal institution is "registration of real estate transactions",reducing and correcting "Imperfect Contracts" and "Transaction Costs" for the "optimal use of scarce resources" i.e. real estate. considering that unregistered real estate transaction is one of the most important examples of imperfect contract, therefore, it is important to analyze the mutual impact of the economic theories of imperfect contracts and transaction costs with the legal system of secondary registration, in preventing contractual defects. therefore, the question arises that how does the existence of the secondary registration system help to correct imperfect contracts and reduce the costs of real estate transactions? This research is theoretical-applied and the research method in it is library and the method of investigating the issue and analyzing the data is descriptive-analytical. finally, it was concluded that the existence of an imperfect registration system leads to the conclusion of imperfect contracts from the point of view of law and causes an increase in transaction costs.it is desirable not to have an "absolutely imperfect real estate contract" from the point of view of economy. therefore, the existence of the principle of mandatory registration of transactions is necessary.in fact, a secondary registration system with full legal effect, it leads to the conclusion of a perfect contract from the point of view of law and a partially imperfect contract from the point of view of economy and causes the reduction of real estate transaction costs.

The “Business registration “ is a mechanism for identifying merchants and distinguishing them from non-merchants that has been the focused by the legislators of the Civil Law countries due to its especial legal effects for ensuring transaction security. However, different countries based on their needs assessments and their fundamental foundations in the objective, subjective or mixed commercial law system, have predicted a model of merchants’ registration systems that has fundamental differences from each other and shows different legal functions. Therefore, the question is what functions does the merchants’ registration basically provide, and according to these functions, what are the types of merchants’ registration systems. This study with comparative- analytical view has concluded that “ Merchants’ Registration” has come into existence with the two goals of “Accelerating, facilitating and guaranteeing commercial operations” in the private sector and “governance control and supervision of commerce” in the public sector; And in this field, the legal systems have used three different models based on the “role of business register book in recognition of merchant “ component, that registration mechanism based on an objective system is more efficient than two other in fulfilling the expected legal functions; In this regard, some legal reforms are recommended for the implementation of the objective registration system in Iranian law.

 Establishing "information transparency and guarantee of credit" in transactions with movable collateral has caused legal systems to pay attention to the legal registration technique.  Although the movable property has a greater share in the asset portfolio of individuals, there is no desire to conclude movable collateral transactions, especially by credit institutions, due to the limitation of using these properties with their bills. So when people turn to acquiring immovable property and concluding transactions with immovable collateral due to the existence of the real estate registration system, the maximum use of movable property is not provided, and movable property is not used in transactions with collateral, especially in production and trade. Due to the lack of assurance to individuals and the lack of guarantee of legal security, it will inevitably become a dead capital. It has raised the issue of what legal functions are expected from the registration of movable collaterals, on what legal basis it should be established, and what legal effects it should have to guarantee the intended legal functions.The present study, with an analytical and comparative perspective, has concluded that the "principle of declaration and general access to information", "preventing the phenomenon of display of false wealth," and "creating an impersonal market through the conversion of assets into capital" are the legal functions expected to a system of registration of movable collaterals in all legal systems. By adopting one of the two legal bases, "registration as an alternative to taking property" and "registration as a complement of effects, " each has provided different sanctions. In other words, paying attention to the basics and legal functions expected from the movable property registration system, especially in the field of commercial transactions and obtaining credit, has led to the prediction and suggestion of creating a movable property registration system as a comprehensive database in many conventions and sample rules. The Iranian legal system also faces the challenge of restricting the area of movable property, the dispersion and diversity of movable registration systems, and the multiplicity of its dependent authorities, which has led to the failure to provide the expected legal functions by establishing a comprehensive movable registration entity. In fact, in Iran's legal system, despite the creation of certain systems specific to certain movable properties and the approval of regulations in the field of authentication of movable properties to increase credit, there are still defects in the legal infrastructure for the authentication of all types of movable properties and the lack of a bank Comprehensive information about the legal status of the property can be seen. This article has concluded that this legal challenge can be solved by creating a "comprehensive movable registration institution" that registers all movable property transactions and provides public access to this information. According to the legal status of the traded property, by ensuring the stability of the legal status of the movable property subject to verification with the help of the support function of the mentioned registration system, which leads to the determination of the right of priority of collateral rights based on the time of registration, it is possible to protect these rights before the society.

The status as a quality that the legal system of any country has determined for a legal entity is one of the important issues for monitoring legal entities. In this regard, the existence of an integrated system of "monitoring and identification of legal entities" in Iran and the international system is one of the mechanisms that have been put forward in order to solve the aforementioned challenge and promote transparency, increase awareness and gain public trust. In such a system, although the existence and scope of the legal entity's competence can be identified by third parties; But legal entities, like any other legal phenomenon, do not always have a fixed "legal status" and may undergo changes after they are created. In the process of monitoring and identification of legal entities, the distinction between the status of legal entity and the status of ID has been considered due to the effective relationship between the two, both in Iran and in the Global Legal Entities Identifier System(GLIES); And he has raised the question of what effect the change in the "legal status" of legal entities will have on their "validity of ID". The current research is in the light of a comparative study between Iran's national ID system and Global Legal Entities Identifier Foundation (GLIEF) using desk study in the method of information collection and descriptive-analytical research method, has explained types of relationship between the status of a legal entity and the status of the national ID in the current system of Iran - based on the type of influence that the status in the first sense has on the status in the second sense. Then, in the context of the principles governing the legal entities ID system, has criticized each of the existing categories in terms of the type of influence and has provided solutions to solve the challenges of the national ID system.

Ship registration is one of the registration systems that has been considered by legal systems since ancient times. The private dimension of this registration system in light of registration of ownership and other rights, along with the public dimension of granting citizenship to the ship, have turned the ship registration into a private-public system. However, so far, the functions of the ship registration system and the classification of registration systems based on the type of function have not been independently studied and has left questions such as ‘What are the functions of the ship registration system in each of the dimensions of private law and public law, and according to these functions, what are the types of registration systems in each of the areas of public and private law’ unanswered. Based on comparative studies, we concluded that the ship registration system in the field of private law has the supportive-informational function and based on this, three systems of Constitutive, Declaratory and Protective can be developed and Iranian ship registration is the constitutive one. Also, in the field of public law, we see the supervisory-diplomatic function that creates Closed, Open and Compromise Register Systems and Iranian ship registration is a closed one. Finally, suggestions have been made to reform the Iranian system and match it with the expected functions.

Anonymous Shell Companies as a tool for economic criming such as forgery, fraud, tax evasion, money laundering, terrorist financing, etc. have become widely developed in Iranian recent years and this has not only affects the country's judicial system;But also has led to disruptions in the country's tax system, the banking system, and the customs system. It has led to a decrease in public trust in the government,too. Undoubtedly, this emergence and expansion is due to the weakness of the system of observation, identification and supervision of all kinds of commercial companies and the Companies Registry System as the only organization that is specially related to the information of commercial companies can play a major role in dealing with the emergence of these companies. Therefore, this question can be raised that what problems in the Companies Registry System have caused the development of Anonymous Shell Companies and what solutions are there to solve these weaknesses.This research, with a descriptive-analytical method, based on desk researches and documentary studies, firstly identifies the concept and structure of Anonymous Shell Companies. Then the reasons for occurance and development of Anonymous Shell Companies have been investigated from the point of view of the Companies Registry System and after recognition of the registration system’s gaps in dealing with Anonymous Shell Companies, it provides solutions to solve the current problems.

In the initial Land Registration System, where the Land is registered for the first time, there is a ground for making strategic decisions in the social contract between the “Government” and the “Owners” in entering the initial registration system and choosing its type, Therefore, analyzing their relationships without considering the economic theories of games and Posner, does not achieve the economic efficiency of the registration system. The question is with which strategy the game theory justifies the necessity of the existence of an initial land registration system and what kind of initial registration system, is it economically efficient. The present study, with interdisciplinary analysis, explains the legal behavior of the actors of the registration system according to the game theory with the bargaining strategy and evaluates the benefits and costs of the initial registration system according to the Posner criteria. According to the result, the initial registration system with a “Dynamic Approach” and also “Implementation of the full effect of Land Registration”, while creating a cooperative game with a positive result, “Natural Monopoly” leads to Posner and economic efficiency.

The historical foundations of the establishment of a notary institution, have led to the special nature of this legal institution.The special legal nature of the notary institution has a direct impact on the regulatory legislations and regulations in this scope. The legal nature of the notary is different in the Latin and public notary systems, which has led to differences in the regulatory of this legal institution in the two notary systems. This raises the question of what is the difference between the legal nature of a notary in the Latin and public notary systems, and what effect does this have on the way this institution is regulated?This research, with a descriptive-analytical method and a comparative approach, examines the position of notaries as public servants and analyzes the dual nature of the notary institution, and states the reasons for the need for regulatory and how to do it in Latin and public notary systems.This concludes that the notary institution has a "quasi-public" nature. This necessitates its "regulation", unlike other free professions. This is more necessary in the civil law system because there are shortcomings in the notary services market and there is a need for positive outputs in this system. Hence, the Latin and general notary systems are different in terms of strictness of regulation

The expansion of urbanization,raised raised the issue of housing and construction development as a necessity.In this regard, the legislator, by creating a contract called pre-sale of buildings, in addition to facilitating access to affordable housing, helped finance construction projects. However, the pre-sale contract is like a sapling that simply plants it without taking measures for its care and management, dries it up. the lack of a management-monitoring model in the building pre-sale process has been a serious issue in the pre seller-pre buyer relationship which has created many problems. Therefore, the question is how to achieve a legal mechanism for efficient management of the pre-sale process. To answer this question, this article, based on the method of desk research and referring to documents in collecting information, along with descriptive-analytical researching method, first of all, considered the issue of Payment supervision and arbitration in disputes as the most challenging issues in buyer-seller relations. And in the framework of the study of the role of the notary in the pre-sale process in foreign law and the opinions of experts in the field of the capacities of the notary system, has presented a model to answer this question based on the rationale of the agency issue in economics and using the theory of contracting project management centered on the role of the notary.

The difference in the nature of the notary institution in the two systems of "Latin Notary" and "Notary Public" has led to differences in the legal principles governing the behavior of notaries and as a result, differences in the legal effects of this institution in these two notary systems. Therefore, it is necessary to study the difference in the legal principles governing these two systems to understand the exact nature of notary institutions. This raises the question about the roots and foundations of the difference between these two notary systems in terms of governing principle. The present study uses a descriptive-analytical method and a comparative approach, while examining the concept, position and Foundation of the three principles of "neutrality", "independence" and "confidentiality and secrecy of information" as important legal principles governing the notary institution in these two notarial systems, It has been concluded that the difference in the position of Latin Notaries and notary Publics as public officers and the difference in the legal nature of notarial services provided in the Latin notary system and notary public system, has led to differences in governing principles and how to regulate the notary institution in these two systems, so Latin notaries are absolutely neutral, independent and confidential when performing notarial services, but notary publics are required to observe the principle of impartiality and independence only when they appear in the position of public officers and their services are of a public nature and These principles do not apply to their other legal roles.

The Impact System of “Centralized and Dispersed Companies’ Registry systems” on the Provision of legal and Economic Security” AbstractInformation transparency in the context of Companies is regarded as a means of achieving economic security in both micro and macro dimensions. For this reason, the legal systems, considering the access to this information necessary, established the Companies’ Registry systems; However, these systems do not have the same approach in terms of information registry and And record this information in the form of two systems: Centralized or Dispersed system.In this study, we conclude from a comparative perspective based on the logic of Law & Economics that in order to realize economic security, a centralized registration system can provide more security in addition to lower cost and therefore can be recognized as a superior system within the framework of the efficient theory. Finally, some suggestions have been made to improve the dispersed registration system of Iranian companies.

Companies registration system as the only specialized entity in the field of companies information has the dual function on registering information. In the domain of identity information, provide an unchangeable certainty of corporate identity, is the aim of the system; while in the field of status information, establishment of information symmetry has been targeted by the system. Companies registration systems have not applied the same approach in achieving these goals, as they have created Monism and Dualism systems in the field of identity, and regarding the status information, the Intermediary and Interactionist systems have emerged. In this study, based on economic analysis, we concluded that, in order to achieve these goals, the Monism system in the field of identity information, and Intermediatory system in the context of status information, are the efficient systems. On the basis of this, suggestions have been made for the establishment of laws in the field of companies registration in Iran.

The existence of a coherent registration system is the premise of ensuring the security of real estate transactions and maintaining the stability and order in their legal status. Whether a secondary real estate registration system, registering transactions involving registered estates, is necessary and how its implementation must be guaranteed is one of the questions determining the optimal economic performance of real estate transactions and ensuring their security, because property rights being correctly created, through primary registration, and stabilized, through secondary registration, will lead to the establishment of economic order, which necessitates an economic analysis of secondary registration. From the perspective of economic analysis of rights based on the game theory, the parties to the real estate transactions are concerned, in order to adopt a strategic and wise decisions, with how registration will affect them in making or proving their real estate transaction. The question, accordingly, is which legal sanctions for non-registration of real estate transactions the game theory prescribes as leadingthe parties to  make their transactions registered. The present study predicts the legal behaviors of the actors in the real estate transactions, and provides an economic analysis of the sanctions of the transaction registration under Article 62 of the Permanent Provisions of Development Programs Act. The question is how game theory justifies the necessity of registering real estate transactions. From an economic point of view, the question also arises as to whether the mentioned Article can serve the expected economic functions of a secondary real estate registration rule leading the economic actors to registered transactions. This research is theoretical and applied using library method for data collection and descriptive-analytical method  for data analysis. It will conclude that from the perspective of the bargaining strategy, there is a relationship, in the ‘game’ between the parties to real estate transactions, between the need to register those transactions and the guarantees of its implementation. The effect of registration in the making stage will be to shift the game with the bargaining strategy from the channel of registration/non-registration of the transactions to the channel of real estate exchange that enjoys the allocative efficiency defined by Coase. The second type of game, in other words, meets the economic goals of the registration system and is more efficient.  As for solving the game, based on the amount in which the Nash equilibrium is obtained, the latter part of Article 62 of the Permanent Provisions of Development Programs Act, disregarding the registration law system, leads the parties to enter into transactions using unregistered deeds. Therefore, this Article, which considers real estate transactions carried out with unregistered deeds to be also valid, needs, from an economic point of view, to be amended, because the acceptance of unregistered deeds in real estate transactions creates a non-cooperative game with a negative or a zero sum. And, according to the game theory, it is only with a secondary registration system, which gives effect to registration in the making stage of real estate transactions that a cooperative game with a positive sum is created and the bargains prescribed by the economic theory of ownership and the Coase’s allocative efficiency are achieved. Finally, in order to achieve the economic efficiency in the Iranian real estate market, higher credibility must be granted to registered documents in transactions. This requires a decisive sanction against real estate transactions carried out by unregistered deeds and making the registration a necessary element of their validity, so that parties have no other choice but to conclude those transactions in a formal manner. Therefore, in order to create secure ownership, investment and economic development, , it is necessary to amend, following the example of the legal system of developed countries, regulations that, contrary to the purposes of the registration law, consider the unregistered deeds of real estate transactions as valid and to provide rules that motivate citizens to behave efficiently. This rules shoulddrive the bargaining in real estate transactions to what economic theory of ownership prescribes, which is attainable only through registered transactions, where registration is a required element of a valid transaction.

Lawsuits about real estate of Public universities are among the most frequent lawsuits in the Administrative Court of Justice. The existence of contradictory regulations that do not provide a single understanding of the nature of these real estates (private, public or government) is always the main reason for filing these lawsuits, which has also led to conflicting decisions in the Court.On the basis, two questions can be arised; First, Under which category of private, public or government property, is real estates of public universities in Iran regulated; And secondly, to what extent is the imagination of this nature for the mentioned property considered efficient in the financial management of the universities?In this study, relying on the statutes and decisions issued by the Court of Administrative Justice, based on the method of collecting library-documentary information and in the framework of descriptive-analytical research method, we concluded that In Iranian law, real estates possessed by public universities is organized under the legal regime of government property. Although this is an efficient nature in comparison with the public property regime,but in order to achieve the goals and policies of the universities, governmentalization of these properties is a major drawback which can not lead to the optimal function of the boards of trustees for the managment of property and development of the university.

Land Registration as a system of consolidation of land ownership is always subject to errors that, if they lead to incorrect registration in the real estate registry, constitute Systemic Errors and can harm third parties. In England Land Registration act 2002 and its subsequent amendments, a special legal regime has been recognized to compensate for systematic errors; However, in Iranian law, even the liability itself is questionable. Based on this, the question arises as to what is the basis of the government's responsibility to compensate for the damages caused by systemic errors in land registration? And what is the legal regime governing this civil liability in the land registration system of England and Iran? This study with a descriptive-analytical approach has concluded that government responsibility in this area is based on the theory of guarantee in Tort Law. Also, in English law, the principle is to prevent the invalidity of the registered ownership, even if it is wrong and the injured parties of the mistake have the right to claim land price. While a review of Iranian law shows that the registered owner is not well supported in practice and the injured party of a systemic error can sue him directly.

The sovereign nature of the registration system has included them in the public domain and run by the public sector and through civil servant. The idea of "shrinking the state" and "increasing the regulatory role of governments" has led to the idea of privatizing registries, one of the proposed ways of privatizing is to do the registrar's work with non-governmental experts: notaries. what is the nature of notaries (public, private, privately public), and with what legal bases can they delegate this state sovereignty task? This article, with a comparative and historical overview, concludes that, on the one hand, it is necessary to distinguish between the "notary profession" which is a private profession and the "notary role" which is a public role, based on this role, that is the public authority acting in the name of the state and it has a sovereign nature. On the other hand, although registration affairs are regarded as sovereign affairs, but based on the foreseeability of doing of sovereign affairs by attracting "people's participation" in laws, it is possible to extend the doing of registrar taskes by notary offices in accordance with the general policies of Article 44 of the Constitutional law.

The difference between the two legal systems of Civil Law and Common Law has led to the formation of two different notary systems, which in the legal system of Civil Law is referred to as the “Latin notary system” and in the legal system of common law as the “Notary public system”. despite the common historical roots of both notary systems, Studies show that the institution in these two legal systems, has followed a different path of development so that the Latin notary system is very effective in achieving the legal order of society But the notary public system has not developed significantly legally, Which raises the question of what are the differences and similarities between the two notary systems And why is the notary institution more important in the civil law system than the common law system and has become an influential institution in the legal order of society? The present study using a descriptive-analytical method and a comparative approach, while examining the different legal and economic basics affecting the evolution of Latin and public notary systems in two legal families of common law and civil law, the legal nature of the notary institution, governing principles, and capabilities of notarial documents,  it has been concluded that the Latin notary system is in superiority to the notary public system completely And the notary is a part of the civil law system that has infiltrated the common law system and is in conflict with the common law environment, Therefore, we do not see its growth in this legal system like the civil law system.

The companies’ registration system is considered as the beginning of the emergence of modern company law in legal systems and its evolution has a fundamental role in the evolution and development of this legal field. Western systems have realized this fundamental role, and for this reason, today the companies’ registration mechanism offers the most complete function to prove the identity and decelerate the status of the companies. However, in Iranian law, the companies’ registration system should be considered a failed system that contains baseless formalities and lacks the necessary efficiency. A subject that according to the unity and integration of the modern company law in the framework of the need for the same regulations in different legal systems, should be considered in the difference between the interpretations of the doctrine of company law in Iranian and Western law. Based on this, the question arises as to what is the relationship between the interpretations of the doctrine of company law in the West and the development of the registration system on the one hand and on the other hand the interpretations of the doctrine of corporate law in Iran and the weakness of the registration system. This research in the framework of library information collection method and descriptive-analytical research method, by proposing three theories of Formalism, The reality of legal personality and Company enterprise, provides interpretations of them in the Western and Iranian company law and seeks to prove a direct relationship between these interpretations and the type of realized system of companies registration - from the perspective of strength and weakness - in Western and Iranian legal systems. Finally, suggestions have been made to counter these interpretations within the framework of the rules and regulations in Iranian law.

As a legal-economic event, bankruptcy, which leads to a halt in the business life of the business people, has a direct impact on the economic interests of a whole society. One of the proceedings associated with bankruptcy involves the restitution claims by third parties against bankrupts or vice versa. The question here is how the modern approach to bankruptcy, which is based on economic theories as independent bases for restitution claims, makes a difference in the way these claims are handled compared to the traditional approach that is based on the principle of equality of creditors. It is arguable that economic theories can be solid bases for the construction and enforcement of restitution claims in bankruptcy, their advantage over the traditional approach being that the ability to reclaim property in the new approach is attuned to the goal that the merchants’ capital be returned to them as much as possible. That is why this approach takes the bankrupt’s claim against the third party as the principal form of a restitution claim, and the claim of third parties against bankrupts only as exception. The modern approach is, accordingly, conducive to the restructuring of the bankrupt’s capital and will help, by offering amenable interpretations of, and modifications to, the relevant rules, to prevent the collapse of the society’s businesses and its adverse effects.

Difference in the basic principles of legal systems and their different needs and gaps has led to the emergence of models of registration system of real estate that, while they are very similar, have fundamental differences and is raising the question that how it is possible to classify registration systems of real estate into legal families, such as the division of contemporary legal systems into multiple legal families. Answering to these questions plays a fundamental role in understanding the registration system of each country and the possibility of using its legal solutions to improve the Iranian registration system. This research, with a descriptive-analytical approach and based on comparative studies, has concluded that in order to classify registration systems of real estate, large components are needed first, which are considered as the basic pillars of registration systems. In this regard, the “registration pattern”, “effect of registration on transactions” and “access to the information” have been introduced as classification indicators. In the second place, based on the mentioned indicators, we divided the real estate registration systems into three families: "Will-oriented registration family", " appearance-oriented registration family " and " registration family based on maximum originality of appearance". Within the framework of this division, the Iranian system of registration of real estate bears similarities to the "appearance-oriented family" but it needs to be reformed in order to be part of that family.

“Declarative Function is one of the expected legal functions of all "Companies registration systems”. But the interpretations of this Declarative regime in due to the lack of clarity of concept of “Confidentiality” in company’s information has been unable to answer the question of how companies registration interact between "access to information" and "protection of confidentiality". While, the answer to this question based on identifying a balanced approach of companies Registration in addition to reducing "transaction costs”, will reduce "Company’s information control costs”. In this paper, based on a descriptive-analytical approach and We have come to the conclusion that: First, the scope of confidentiality in the field of companies is restricted to one of the two branches of privacy and trade secrets, depending on the type of company. Second, the corporate registration system may encounter three models for access to information, the “Freedom of Information Model", the "Contract Freedom Model", and the " right of Access to registered information", the last is the equilibrium solution adopted by the corporate registration system that based on intelligent performance provides information according to stakeholder needs assessment and thus protects a large amount of company’s information as confidentiality.

In recent years, in order to expand the scope of equality between men and women in social security in international law, equalizing the retirement age for men and women and eliminating gender differences (increasing the age of men) in most developed countries has been considered. The domestic legislature is also proposing pensions and pension institutions to change the retirement age as the most important variable in parametric reform in order to overcome the current financial crisis. This explains the need to examine the impact of one's gender on retirement age. In this article, an attempt has been made to express various approaches in this field with an analytical and comparative approach and with regard to international documents and laws of other countries, and to examine the aspects of this issue in domestic laws. The findings suggest that due to the inadequacy of the existing principles, any changes in this regard should be made in order to create real equality and due to unequal employment patterns in men and women, and the legislature should change the definition-based ideas. The pattern of men's work and attention to the principle of shared responsibility of couples to moderate traditional roles for children. Achieving women's satisfaction in her retirement and taking incentive measures such as reducing the retirement age for the birth of children and calculating the children's childhood leave in the years of female employees can be considered as practical solutions by the legislature.

International organizations and institutions related to the field of labor and social security, inspired by the basic principles outlined in international public documents, have addressed the “principle of equality” in numerous documents.The principle of equality is one of the underlying principles of social security rights alongside the principles of universality, comprehensiveness and competence, which emphasize the equal entitlement of all citizens of society to the benefits of social security, irrespective of one’s ethnicity, citizenship, race, religion or gender. In the meantime, the effect of gender on the benefits of social security is considerable. The major challenge in this area is mainly due to two different views on the “legal bases” of enjoying (un) equal social security benefits. The formal equality-based approach that emerges in unionist ideas emphasizes the need for equal laws and equality between men and women to enjoy these benefits, but only because of the absolute equality between men and women. Considering their needs and situations will lead to the intensification of existing discrimination because of the unequal position of men and women in society, legal systems with respect to differences and justice-centered agendas sometimes provide only some support for one of the two sexes and for equality of opportunity and opportunity and effort. It is about justice.

The present study, by analyzing international documents and protocols and reviewing domestic regulations, seeks to answer the question of how far Iranian social security regulations have been able to achieve gender equality in the benefits of social insurance in line with the inter-system Internationalization.To this end, it first deals with the legal position of this principle in the international system and then seeks to identify the legal gaps in the field by examining domestic law.

The analysis of the principle of equality in many international documents and conventions shows that “equality in the enjoyment of social security benefits” is considered as one of the prominent examples of “equality between men and women” in working conditions in these documents and the organization between the International Labor Organization (ILO), as the largest international body in this field, has given special attention to this issue in a number of its Conventions and Recommendations.A review of the benefits sought in the social insurance sector shows that, despite all the efforts made to achieve the principle of equality in the Iranian social security system and the frequent reform of existing laws, there are numerous instances of gender inequality in the benefits of social insurance. It sometimes appears to be explicitly stated by the legislature in legal texts, and sometimes in a context of social inequality that arises out of a lack of attention to the distinction between the concept of ‘social security rights’ and ‘charitable giving’. Family “on the one hand and influence” traditional views on women’s economic roles and civil rights “to” social security rights “by others.According to this interpretation, a woman’s economic dependence on her husband is by default considered a principle, and the legislator accordingly has advocated for the benefits of the dependent. Therefore, in most cases the family members did not consider the insured woman under her care.While the inadequacy of family law rules as one of the instruments of private law in the establishment of economic justice has prompted the attention of legal systems to the instruments of public law, one of these is the use of social security systems based on the concepts, such as vesting. The territory and its meaning are quite different from the charitable duty of family law.

Nowadays, with the increasing growth of employed women, the generalization of being subordinate to all women in the family is incorrect, and it is not possible to document the above interpretations of the deprivation of family members of a working woman who paid equally while working for a premium.  In line with this same conceptual distinction between public law and private law charitable giving, which despite the wife’s non-charitable obligation to marry completely under the private law, the insured spouse is entitled to a survivor’s pension. His wife is based on the concept of custody in the context of public law.Therefore, since social security rights are designed primarily to address the functional deficiencies of civil rights and to protect today’s nuclear family members who have previously enjoyed broad family protection, and with a view to social security rights, Humanity and Human Dignity, Human beings, regardless of their gender, can exploit the wide range of public law capabilities to reduce the inequalities resulting from the outdated social-economic system.Finally, given the present status of women in society and the labor market, the transformation of the family structure and the evolution of women’s role in the institution, and also with regard to the interpretation of Article 26 of the Covenant on Civil and Political Rights and Article 9 of the Social and Cultural Economic Covenant, as well as the Protocol 111 Regarding non-discrimination in the employment, employment and accession of Iran to these conventions and the necessity of harmonizing domestic laws and regulations in the field with the aforementioned documents, revision and amendment of relevant laws containing gender inequalities appear to be necessary and recommended. In cases where the difference between men and women in the benefits to women is related to their gender (Physical and physiology of women (such as the benefits of pregnancy), positive discrimination should be considered, and in cases where discrimination based on women’s gender and lack of consideration for the existential philosophy benefits from the benefits of social security and its separation of concepts from concepts. It is the rights of the family (such as not having a spouse who is receiving benefits as a major insured member) to achieve full equality.Ethical considerationsContribution of authorsAll authors have contributed to the paper.Financial ResourcesThere is no direct financial support from any entity or organization for the publication of this article.Conflict of interestThis article does not overlap with other published works by the authors.Following the principles of research ethicsIn this article all rights related to research ethics are respected..

The need to provide "declarative function" as one of the legal functions of the registration systems all over the world on the one hand, and the desire to create e-government on the other hand, has led that countries Pay attention to information technology in the registration systems. The matter is “how is information technology affecting on the declarative function of registration systems and how much does it can fill the legal system s gaps”. The study, with an analytical and comparative approach, has concluded that information technology has been effective only on facilitating and expediting "access to information", but it has been uneffected in ensuring the accuracy of the registred information, which is related to the type of registration systems and to the principle of “acces right to information". Therefore, it is vital to make a policy that will allow citizens to have access to all necessary information to reduce the trading risk in the property and recorded legal status at the moment of the transaction. In addition, it is vital to guarantee the reliability and accuracy of the recorded information