Competent Authority and Mode of Proceeding Complaints of Executing Binding Documents and Registration Operation

Binding is one of the advantages of official documents which in some cases due to considerations is generalized to normal documents too. Beneficiaries of such documents, after attending document regulator office or registering department with execution, based on the case can pursuit the execution process via registration department. Determination of a competent authority for proceeding complaints of mentioned dual actions and the way of proceeding is one of the challenging matters in law of registration and jurisprudence. The question, for example, is “whether complaining execution in all cases, is in authority of head of local registration office” there are different answers for such question. Here in this research, we criticize the common attitude; also while considering various articles, Supreme Court’s and High Council of Registers’ Judgments, the necessity of separation between cases, competent authority in proceeding complaints and the way of proceedings were defined. This article shows that examination of the execution process complaint in some cases, in which they are just statements of right without any legal aspect, is in the authority of the head of local registration office. And if there is any necessity for legal examination, the court is competent to do that.