A comparative study of the status of

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TABATABAI HESARI NASRIN

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Journal: COMPARATIVE LAW REVIEW Year:2019 | Volume:10 | Issue:1 Page(s): 239-259

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Information Journal Paper

Title

A comparative study of the status of "documents and land register organization" in the Sovereignty structure (integration in the "judicial system" or "executive system and the body of government")

Author(s)

TABATABAI HESARI NASRIN | Issue Writer Certificate

Keywords

Registration lawQ1

legal functionsQ1

philosophy of registration organizationQ1

judicial structureQ1

registry officeQ1

Abstract

A comparative study of various legal systems suggests that in some countries the register authoritis are dependent on the "judicial system", and in others, it is dependent on executive and administrative systems. This raises this question that what is the reason for this difference and how this difference will affect the legal system of the countries. . In recent years, especially in the Iranian legal system, there have been differences of opinion and suggestions regarding the change in the status of the land register organization in the structure of the sovereignty. This research focuses on comparative studies and analysis of the reports of the European Real Estate Registry, and has focused on the functions and goals of the legislator for a register organization in Iranian lawAnd has come to the conclusion that in different legal systems, the difference in expected functions of the registry authority has a direct impact on determining its place and its dependence on the judicial or administrative system. In countries where the legal function of creating "security and legal stability" by the register authority is priority, it is part of the judicial system and in countries where the political or tax function or the commercialization of registration is a priority, it is part of the administrative and executive structure. In the legal system of Iran, the legal functions of the registry autority are prioritized, so this organization should be part of the judicial structure of Iran, and its seperation from the judiciary and its joining to the body of the state is contrary to the legal interests and the legal basis for this institiution.

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APA: Copy

TABATABAI HESARI, NASRIN. (2019). A comparative study of the status of "documents and land register organization" in the Sovereignty structure (integration in the "judicial system" or "executive system and the body of government"). COMPARATIVE LAW REVIEW, 10(1 ), 239-259. SID. https://sid.ir/paper/246438/en

Vancouver: Copy

TABATABAI HESARI NASRIN. A comparative study of the status of "documents and land register organization" in the Sovereignty structure (integration in the "judicial system" or "executive system and the body of government"). COMPARATIVE LAW REVIEW[Internet]. 2019;10(1 ):239-259. Available from: https://sid.ir/paper/246438/en

IEEE: Copy

NASRIN TABATABAI HESARI, “A comparative study of the status of "documents and land register organization" in the Sovereignty structure (integration in the "judicial system" or "executive system and the body of government"),” COMPARATIVE LAW REVIEW, vol. 10, no. 1 , pp. 239–259, 2019, [Online]. Available: https://sid.ir/paper/246438/en

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