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

In order to pay attention to the necessity of matching the rules of law with the undeniable needs of the society ,the following results can be stated,in cases where the power of attorney is absolutely set and there is the ability to dismiss the attorney by the client ,the basic question is whether the notary public who prepares the transaction document based on the power of attorney ,is obligated to inquire about the validity of the attorney’s power of attorney regarding the power of attorney from the office.are the official documents regulating the power of attorney or not? Today’s power of attorney is not just acting as a proxy for another person,it is not for the purpose of carring out his affairs,because the said contract has moved away from this situation little bye little throughout history,so that at the beginning ,its reguirement in addition to another contract is used for the benefit of the client.went,but now,the same contract can be used in order to protect the lawyer’s interests. Judges and lawyers have taken effective steps by making comments in accordance with the needs of the society in order to use the power of attorney contract for purpose other than granting power of attorney. therefore, the head of the notary office must also take steps in the direction of the evolution of the concept of power of attorney contract and its transformations.

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.

Deeds and property registration services are one of the most important aspects of providing public services, which should never be delayed or closed. In this regard, the notary public alternative institution is looking for a way to ensure the acceleration and continuity of public services so that the said services are not solely dependent on a specific person. The question that arises here is what is the structure of the appropriate legislative approach in the field of the notary public alternative institution. In response, it is stated as a hypothesis that the identification of the field of intervention, transparent and appropriate to the position of public service provision, forms the structure of the appropriate legal system in this field. In this regard, the studies and explorations carried out in this research show that Iran's legislator has not chosen a transparent and proportionate approach in the field of the notary public alternative institution. Thus, determining the scope of ambiguous jurisdiction and not recognizing the necessary independence is considered to be one of the most important harms of the Iranian legislative system in the field of notary public sponsorship. On the other hand, by identifying and establishing a personal and corporate notary system, the French legislator has been able to eliminate many shortcomings and inadequacies caused by the individual notary system. During this research, relying on the descriptive and analytical study method, an attempt is made to draw a suitable legislative system in the face of the mentioned institution by examining and comparing the performance of the legislative systems of Iran and France in the field of the notary public alternative institution.

Legal nature and conditions of signature attestation in Iran’s lawIn a general category, a document is divided into two categories: ordinary and official. Each of these two documents has many differences whose practical effects will be also different. The most important difference will be in the advantage and excellence of the official document to the ordinary one.Therefore, it is important for us to know that the legalized document as one of the most important tasks of the notary offices is from which of these two categories, what conditions it should have, and in addition, what is its nature.In the following study, Firstly, concerning definition and nature of signed attestation document in terms of its validity is tantamount to an official document and the effects of this type of document are loaded on it or merely can be verified as a normal document. Or it has intermediate validity and shares some features with both official and normal document.Four features have been considered and scrutinized and finally, relying on some reasons which will be mentioned in details, an idea which only recognizes the date and the signature contained in these documents valid and considers the other contents of credit document as a normal document have been accepted.In the following segment, the conditions related to signature attestation and what context and under what conditions can be the subject of signature attestation have been put on their thinking cap.And in 2 topics; the conditions related to the context which is confirmed by the signature and the conditions related to the applicant of signature attestation have been examined and analyzed.

Signature is one of important reasons for the vacuum of legal studies in its nature, function and necessity in documents. The lack of legal studies in this category is such that due to the clarity of its customary notion of signature. Sometimes in applying the concept to the critical examples, the idea is limited and sometimes its various functions are neglected or denied. In some cases, the validity of the document has been questioned in terms of authenticity. In this article, after getting acquainted with the concept and examples of signature and separating it from similar concepts, we examine its necessity in various writings. In any case, the engraved mark attributed to the writing (signature) including physical signature, electronic signature, stamp, and so on, has the function of assigning. So, it determines the identity of the signer and most importantly, expressing the will, which in different cases, has higher degree of credit, in terms of monopoly, and from a jurisprudential point of view, the authenticity of the deed. Also, the existence of a signature is relevant to the validity of the deed, and unsigned writing cannot be considered as a deed, even if its contents proved by other evidences.

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.

Legal order has two different meanings: The first one is a collection of regulations that governs people in the society. The second one is legal security which is derived from the enforcement of legal rules and is one of the main objectives of the establishment of legal rules. In this article along with analyzingnotary’s role in development of legal order, we will consider both of those meanings and will see that in spite of importance and expertise of the notary and his role as a justice of the peace, he has not managed to ful fill his traditional functions like authentication of legal acts so far in our country and as a result he cannot well participate in development and growth of legal order. Moreover after implementation privatization programs, it seems that the non sovereignty functions of the Registration Office should be delegated to the notary as an important member of private sector and the supervisory role of the Registration Office over the notaries should be more efficient than the past

Regulatory agency documents (notariates), is the oldest institution of law in Iran. This institution of such importance,which is of particular
government in the history of all time.When human population continued to increase since the start of trading transactions, and the necessaries registration Notary public’s offices and notaries was also evident. Notary public’s offices, are authorities and contracts arranged and recorded property documents as a matter of law enacted on 25 July 1975 notary public’s office affiliated to the Ministry of Justice and the current regulatory standards, providing specialized services to the people and the government.According to Article 2 of the aforesaid Act, the notarize is to offer personalized attention Consultative Association of Real Estate Registration Notaries House.In addition to the above, in France, the history of the legislation, and legislators to express the sensitivity of the notary. Association advisory with attention given to the Minister of Justice appointed and called notary.And control of the claim, the Act No. 2590-45, dated Nov2, 1945, Article first noted that the notary is considered as public officials.