جستجوی مقالات مرتبط با کلیدواژه « notaries » در نشریات گروه « فقه و حقوق »

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

Although the green card issued by the police force is considered as an official vehicle ownership document according to Article 1287 of the Civil Code and Article 22 of the Law on Transportation and Transit of Goods through the Territory of the Islamic Republic of Iran, but considering the approval process, detailed discussions and opinions Regarding Article 29 of the Law on Investigation of Traffic Violations, the Guardian Council seems to have provided no legal enforcement guarantee for the non-official registration of car transfers in notaries, but the registration of car transfers in notaries is mandatory. . In the process of approving Article 29 of the Law on Investigation of Traffic Violations, the Guardian Council also found that non-receipt of revenues such as registration fees, taxes, duties, government and public rights due to non-registration of car transfers due to reduced public revenue is contrary to Article 75. The constitution stated that by amending Article 29 with its current content, the objection to Article 75 had been removed from the perspective of the Guardian Council. At present, the main reason for the dispute is the necessity or non-necessity of notarized registration of car transfers and the unwillingness to refer to notaries, the legal obligation of notaries to collect car transfer tax according to Article 42 of the VAT Law. It has been approved in 2008 that with the implementation of the sentence of Article 30 of the Value Added Tax Law approved in 1400, the payment of car transfer tax must be done before changing the license plate and the law enforcement force is obliged to pay the transfer tax.

Notaries have a high position in the Iranian legal and registration system, and an important part of the registration process is done through them. The expectation from notaries is not only not to commit offenses and crimes, but also to help the registrar in preventing registration crimes, but in some cases this expectation has not been met and crimes have been committed by notaries.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

In relation to the psychological element of the crimes committed by notaries public, in most cases these crimes are considered as intentional crimes and the intentional proof of the notary public is necessary for the perpetrator to commit the crime. This issue does not correspond to the position and importance of the notary public, and it would have been better if the notary's serious fault was also recognized as a psychological element of the crime in the case of registration crimes.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

In some registration offenses, such as the notary public refusing to provide documents where necessary, the legislature has criminalized this behavior, regardless of the intentional element, in which case criminal error and fault are also recognized as psychological elements.

Transactions with the subject of transfer of ownership are one of the social necessities, the document has an important role in proving the realization of these legal acts, which may be formal or ordinary. The principle is that it is not necessary to prepare an official document, except in cases specified by law. The sale and transfer of real estate and letters of gift are among these mandatory cases. In addition, in some other cases, such as the transfer of patents, goodwill, ship transactions, special laws have established the need to prepare an official document. The transfer of car ownership as one of the most common and important transactions in society has recently been the subject of controversy. Transactions of this property did not require official registration, but with the approval of the Law on Investigation of Driving Violations approved in 1398, the official transfer of this property was also established. Due to the provisions of the law, the adequacy of the car ownership document issued by the police and its inadequacy, some consider the requirement to prepare the document in the notary public. The results of the investigation indicate that the document issued by the police force is official and there is no obligation to register it in the notary public offices. This view, in addition to complying with the existing regulations and the unanimous ruling of the Administrative Court of Justice, includes an approach to reducing the cost of transactions and in line with social welfare.

Since the approval of the bill on Investigation traffic violations since 2010, the challenge of whether or not it is necessary to register an official document of vehicle  in notaries has been seriously raised And the law enforcement force has sometimes Provoked this challenge by suggesting that it is not necessary to refer to notaries and the adequacy of the green leaf issued by the license plate change centers; With the ruling of the Administrative Court of Justice in March 2020, this challenge has been raised more seriously than before, so that vehicle owners consider themselves without the need to register a document in notaries. This research tries to answer this question by using descriptive-analytical method and collecting information in the form of library and documents that what are the legal and judicial challenges and solutions related to official document of the vehicle? The conclusion of the article is that: 1. According to Article 29 of the Law on Investigation of Traffic Violations, Approved 2010 and the Law on Value Added Tax, Approved 2021, it is mandatory to prepare and register an official vehicle document in notaries. 2. The rules and regulations regarding the costs of official registration of vehicle transaction in notaries do not facilitate the preparation and registration of official documents, at least for the poor. 3.The first, second and second parts of the third paragraph of the decision of the General Assembly of the Administrative Court of Justice are also contrary to Article 29 of the Law on Investigation of Driving Violations and subsequently contrary to Article 1287 of the Civil Code and Public Order due to the suspension of tax and registration laws and internal conflicts However, the first part of the third paragraph of the General Assembly's decision ensure and protect the rights of citizenship (the right of delegation as a civil right) and is in accordance with legal principles and Articles 656 et seq. Of the Civil Code.

Today, the judicial policies of numerous legal systems are aimed at declining the courts’ workload and taking effective action by resolving issues, lawsuits and disputes of individuals in other sectors. Many efforts have been thus made in the legal system of the Islamic Republic of Iran. One of the most prominent ways to obtain this goal is to emphasize the preparation of documents in notaries. Given that notaries are one of the legal authorities in the preparation of official documents in relation to the property and obligations and contracts of individuals, and on the other hand, it is possible to implement their provisions and meanings without going to court, plays a significant role in line with this goal. The most important goal that is pursued in the regulation of any document is its implementation. Undoubtedly, official documents have significant advantages than the other documents, including the contents’ validity and of these documents, their inviolability by third parties to the document, their enforceability and capability. Likewise, their implementation without referring to the judiciary and thus reduce the work of the justice courts. These privileges and effects of notarial deeds have led the legislature to formulate various laws and regulations, and as a result, have extended particular performance guarantees for the rapid implementation of the provisions of notarial deeds.