نشریه پژوهش های حقوق ثبت
پیاپی 1 (پاییز و زمستان 1400)

Ownership right is the most important and complete financial rights that a person can have in a society; The most common means of Acquisition mentioned in Article 140 of the Civil Code are contracts. One of the most important proofs of claims is the deed, which is divided into two categories of normal and official under Article 1286 of the Civil Code. Despite the great value and importance that civil law has given to official deed, it is not possible to find an article that indicates the invalidity of ordinary deed. Approval of the Law on Registration of Deeds and Properties, especially Article 22, 46, 47 and 48 raised doubts about the lack of credibility of ordinary deed regarding Immovable property which continues to exist despite its approval for a long time and even Article 62 of the Permanent Provisions of Development Act has failed to end the challenge of invalidity of ordinary deed. Absolute accreditation of ordinary deed of land and property transactions and consequently the instability of ownership right and lack of attention to the importance of fixing it led to many economic and legal problems that can be an alarm for the community. The importance of ownership right for human in society and the necessity of its establishment gave credence to the present study. For this purpose, while studying the formation of a registration system in French law and the position of registration in Iranian law and examine the current approach of the legal system based on the validity or invalidity of ordinary deeds in immovable property transactions, we have been looking for a way to establish the right to private ownership. The result indicates the possibility of validity of ordinary deeds (merely by court order) and its acceptance as an "effective proof of claim" unless it conflicts with the official deed. Before amending the relevant laws, the only way to deal with the harmful results of accreditation to ordinary deeds is to use the "appropriate interpretation of existing laws" to enhance the status of official deeds.

Participatory performance of notary is not easy for the notary public due to the right to introduce a successor. Equal to the rules, heirs of the deceased notary or retired notary can make a qualified person introduce to the State Property and Deeds Registration Organization. In Participatory performance, it is feared that this right should become a bubble of the company's share and disappear. What is possible in a notary public company is the right to introduce a successor belonging to the company and crystallize for the partners in the form of the company's share. It is possible to find a solution by using the findings of comparative law and organizing participatory performance using descriptive-analytical method. Experience of participatory performance of French notary shows partners of Notaries Company do not always have special worries about points and as a result the right to introduce a successor is always with self. However, there are issues with the transfer of the company's share to the heir and a third party due to the need for a notarized privilege to enter such a company. It is enough to solve these problems that the buyer of the shares of such a company has a notary privilege or that at the same time the company's share and the notary privilege are transferred to a qualified person. But, partner of the notarized privilege holder company has its own concerns. Because notarized privilege for legal personality. To address these concerns is necessary for a partner who is forced to resign during his lifetime or with the dissolution of the company due to dissatisfaction. With the dissolution of the company, it is appropriate to exercise the right to introduce a successor in favor of its bringer, there is a way to regret his tomorrow. In the meantime, it is enough customer tax approved to transfer the right to introduce a successor to the company or partner is legal. In Participatory performance, customer tax approval is inevitable. Because the company's share is a real property and in a registered company, the customer is one of its components.

Legal protection of designer/holder of industrial design rights in different countries is subject to meeting certain requirements such as novelty, originality, individual character or combination of them. Such a protection is not limited to registration phase and it will bear fruit in litigation. Legislators, depending on the circumstances e.g. resources and development policies and comparative advantage, chose the time and form of examination. Some prefer examination in registration stage, while others considers judicial authority is more appropriate to examine substantive requirements. Other countries have taken in between approach  and applied a hybrid system. this article elucidates and analyzes different examination systems and then tries to determine legislator choice for Iran design rights regime. Despite the fact that years have passed since adoption of 2006 Act, identifying examination system of 2006 Act and clearing the cloud regarding this matter is yet a challenging and controversial subject.

The system governing the procedure for enforcing registration should be considered one of the most widely used methods of enforcing civil judgments after the Civil Enforcement Law. A method that, due to its advantages and innovations, has had a serious impact on the effective and efficient implementation of the civil vote. Thus, it is desirable for the user to use this executive ritual as much as possible. On this basis, it is necessary to choose a mechanism based on which to facilitate access and use of this executive procedure. In this regard, the principle of enforcement is proposed in this article, which is discovered based on the capacities of the registered executive system. An approach that should be accepted as one of the strategic principles governing the registration enforcement system and the legal order of the parties to the enforcement operation together and also in front of the registration enforcement institution should be organized according to this view. Based on this principle, the executive system and its rules should be interpreted in such a way that obtaining the subject of the executive can be achieved easily and in the shortest time. Based on this principle, the executive system and its rules should be interpreted in such a way that obtaining the subject of the executive can be achieved easily and in the shortest time. In implementing this principle, the enforcement system must interpret the voting process in such a way as to prevent the closure and cessation of the registration procedure by eliminating repairable defects and shortcomings

Our country's registration regulations in the field of delimitation operations have several shortcomings. Accordingly, this article deals with the pathology and recognition of registration regulations and solutions to mofidy the defects in them in the context of the said operations, as one of the important stages in the preliminary operations of property registration.Based on the results of this research, from the perspective of pathology and recognition of defects in registration regulations, the title of delimitation operations and related titles, ie demarcation minutes and delimitation advertisements, are incomplete and does not indicate on their subject, which in addition to limits, Includes rights; In consequence, the definitions of these titles from this perspective and based on their scope of subject are incomplete and should be expanded. Also, the subject and scope of delimitation operations in the general sense of the word do not include all the necessary items in the registration of property at this stage; Consequently, regulations related to the scope of protest against the mentioned operation and the beneficiaries are also incomplete in this regard. There are some ambiguities and shortcomings in the regulations regarding the implementation of the delimitation operations.In regard to modifying the identified deficiencies, the title of "restrictive operation" and related titles should be changed to "Advertisement for Determining limits and Rights", "Operation for Determining limits and Rights" and "Minutes for Determining limits and Rights", respectively. Based on the modification of their title, the scope and subject should be modified. Also, the subject and scope of the operations of determining the limits and rights in the general sense, as well as the scope of the subject of the objection, should be expanded from the perspective of rights and beneficiaries in this field,. In regard to how to carry out the delimitation operation and the rights, the necessity of posting an advertisement will be considered as a rule in all cases, and in regard to the absence of persons except for the registration applicant, whose absence does not preclude action, other cases will be subject to the legal rule of renewal of limits and rights operations.

Urbanization and registration law are two historical companions and signs of human intellectual maturity in the formation of great civilizations in the East and West of the world.After the Persian Constitutional Revolution and the first years of the National Consultative Assembly, the important Acts, like Registration Act in 1911 and Municipal Act in 1907 were approved with the aim of regulating the lands and cities. Urbanization law, despite such historical convergence, remained anonymous and no thought was given to its introduction.Urbanization criteria are not the same in the past and present. The appearance of cities would be the subject of alteration due to the principle and imitation, poverty and richness, participation and self-centeredness, adhering to rules and disobeying them, rationality and irrationality, being adjusted to nature or conflict with it. The importance of urbanization as a new branch stemmed from public law will be well felt in the era of urbanization and overpopulation. A justice-oriented city which enforces law properly will not emerge without a practical law, dynamic precedents and the thinking of legal scholars. The Faculty of Law has not been brilliant as a center for the exchange of ideas about the legal system governing urbanization, and has not paved the way for future judges and lawyers to take advantage of the emerging knowledge of urbanization.

Comparative study of notarial systems is a nascent branch of comparative law studies in Iran, and considering the need of our country to modernize regulations in this field, these studies can be effective and helpful. The notarial profession in the common law system, who does not give special credit to written documents in the system of evidence and does not recognize the authentic document, has its own special charms.  The arrival of notaries in Britain coincided with the development and expansion of the Latin notariat in Europe and took some steps, but with the sixteenth century ecclesiastical reforms in this country, this institution gradually lost its importance and despite the very limited scope of work that common law had left to him, he was pushed to the margins. Nevertheless, notaries remained in the UK and continued to live as one of the legal professions. Historical developments, meanwhile, have given credence and importance to a small group of these notaries, known as the Scriveners, who had a monopoly on operations in London and its suburbs until the end of the twentieth century, and this important group has so far played a very important role in economics and international trade in England. Documents prepared by British notaries are used in other countries rather than for domestic consumption. British notaries are appointed by the Court of Faculties, which is attached to the Church of Canterbury. In the last three decades, along with the extensive developments in the European countries and the creation of close competition in the market of legal and commercial services of these countries, the notarial profession in the United Kingdom has also witnessed many changes with the reform of regulations.

Property, as one of the fundamental human rights, is inviolable and respectable. Real estate identification and registration of owners and stakeholders is a purposeful effort to create psychological, economic and legal security in the community. The study of the legal system of developed countries shows that coherent and efficient laws in this regard have been prepared and serious supervision has been done for its implementation. In Iran, too, the failure of registration to provide property security due to the prevalence of Informal transactions has necessitated the reform of land registration regulations, and the “Project to oblige the official registration of real estate transactions" is the result of this necessity. The project, which was approved on May 20, 2016, has been returned to the parliament for amendment by the Guardian Council. But to what extent can this plan be effective in securing a secure real estate market? The answer to this question is the subject of the present article, which, after expressing the positive and negative points of the project, is done by thematically evaluating it in a comparative approach with other land registration systems. This study, which was conducted in an analytical-critical manner, shows that the above plan, despite its positive points, will not be completely successful in ensuring property security, assuming that it is approved in the current situation by the Expediency Council.

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.

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.