Criticism of the legal procedure governing the preparation of the official car sale document

Message:
Article Type:
Research/Original Article (بدون رتبه معتبر)
Abstract:

The controversy among jurists in the way a car purchase is registered and the lack of a clear and unambiguous law created a challenge for the Juristic and Executive system of the country. The Juristic system, earlier, defended registering car purchases in official notary publics. However, now, in many cases it contradicts previous arguments by believing that changing the car plate and issuing the "green paper" license is enough. In this regard, the consultations and votes issued in courts and general assemblies often supported the necessity of registering official notary publics. Nonetheless, some provincial prosecuting attorneys and the Prosecutor-General of the country believe that changing the car plate and issuing the "green paper" license is enough and have issued orders and circulars to protect the public rights. In this research, using a descriptive-analytical method and studying the law, regulations and necessary documents, we are trying to answer the questions: How registering (or not registering) a car purchase in official notary publics can save and revive the public rights? As well as: What is the role of prosecuting attorneys in protecting the public rights? Can changing the car plate and issuing the "green paper" license alone serve as an official document and represent the transmission of ownership? Finally, after different discussions we concluded that the prosecutor, in support of public rights, cannot order that changing the car plate is enough instead of officially registering the purchase.

Language:
Persian
Published:
Judicial Case Review (Ray), Volume:11 Issue: 2, 2022
Pages:
79 to 101
https://magiran.com/p2680197  
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