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

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daryaee reza; Karbalaei Aghazadeh Mostafa

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Journal Paper

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Journal: THE JUDICIARY’S LAW JOURNAL Year:2020 | Volume:84 | Issue:109 Page(s): 101-123

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Title

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

Author(s)

daryaee reza | Karbalaei Aghazadeh Mostafa | Issue Writer Certificate

Keywords

Binding documentQ1

ExecutionQ1

executive operationsQ1

complaintQ1

statement of claimQ1

LitigationQ1

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.

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APA: Copy

daryaee, reza, & Karbalaei Aghazadeh, Mostafa. (2020). Competent Authority and Mode of Proceeding Complaints of Executing Binding Documents and Registration Operation. THE JUDICIARY’S LAW JOURNAL, 84(109 ), 101-123. SID. https://sid.ir/paper/392425/en

Vancouver: Copy

daryaee reza, Karbalaei Aghazadeh Mostafa. Competent Authority and Mode of Proceeding Complaints of Executing Binding Documents and Registration Operation. THE JUDICIARY’S LAW JOURNAL[Internet]. 2020;84(109 ):101-123. Available from: https://sid.ir/paper/392425/en

IEEE: Copy

reza daryaee, and Mostafa Karbalaei Aghazadeh, “Competent Authority and Mode of Proceeding Complaints of Executing Binding Documents and Registration Operation,” THE JUDICIARY’S LAW JOURNAL, vol. 84, no. 109 , pp. 101–123, 2020, [Online]. Available: https://sid.ir/paper/392425/en

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