Legal analysis of “the governing nature of registration matters” and “possibility of outsourcing” to notaries

Comparative studies show that registration in all countries has general nature and is one of the governance affairs. This is the reason that registration affairs are always taken by the states and institutes and public authorities. The expansion of the opinion of “mitigation of state” and “increase in a supervisory role of the states” has led to the presentation of the idea of an increase in tasks of notaries and outsourcing responsibilities of the Property and Deeds Registration Organization to these notaries. The opinion has encountered barriers such as objection to the governance of registry tasks, and the impossibility of outsourcing governance tasks. Here, the question arises that what the general regulations are in the field of strategies of taking state tasks through nongovernmental authorities, such as notaries? What is the nature of notaries and whether the notaries are some part of governance structure or not? Can outsourcing the tasks of the Registration Organization to notaries separate the governance tasks from the governance structure? The present study has had a comparative look at the nature of notaries and has made a historical analysis on the process of establishment of notaries and expansion of their tasks in Iran and has presented the analysis of relevant upstream documents. The study has found that although the registry affairs are the same governance affairs, based on a prediction of the possibility of taking governance affairs with public participation in upstream regulations, the expansion of outsourcing the tasks of Registration Organization to notaries shall be based on general policies of article 44 of the constitution on one hand. On the other hand, analysis of the nature of the notary position shows that the profession of the notary as a private profession should be separated from the role of the register as a general role, which has the power to recognize the documents based on the allocation of authority by the government. Based on the same position, the register is a public missioner, who takes action on behalf of the government and has a governance nature.