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

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

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.

Language:
Persian
Published:
The Judiciary Law Journal, Volume:84 Issue: 109, 2020
Pages:
101 to 123
https://www.magiran.com/p2161114  
سامانه نویسندگان
  • Daryaee، Reza
    Corresponding Author (1)
    Daryaee, Reza
    Assistant Professor Law Department, University of Guilan, رشت, Iran
  • Karbalaei Aghazadeh، Mostafa
    Author (2)
    Karbalaei Aghazadeh, Mostafa
    .Ph.D Private Law, Mofid University, قم, Iran
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