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Author(s): 

Doostbin Omid | Gholami Akbar

Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2023
  • Volume: 

    6
  • Issue: 

    16
  • Pages: 

    247-258
Measures: 
  • Citations: 

    0
  • Views: 

    593
  • Downloads: 

    166
Abstract: 

Examining the Real Estate and Documents Registration Law, it is clear that the legislator's purpose in approving this Law was to create order and stability in documents, especially land ownership documents. The precision in Article 24 of the aforementioned Law, which states that after the expiry of the objection period, no legal or criminal claims from anyone will be accepted, strengthens this opinion. The approval of the Registration Law in 1931 shows the legislator's determination to move from traditional and rural life to modern life. Real estate Registration is mandatory in the Real Estate Registration Law approved in 1931 but still we see real estates across the country that have no record of Registration in the Real Estate Registry and consequently lack ownership documents and are not registered in the above-mentioned Real Estate Transactions Registration Law. It has been announced under mandatory conditions and an executive guarantee has also been provided in this regard. On the other hand, despite the fact that property Registration is mandatory in the relevant Laws, we see properties that have no record of Registration in the real estate office and are bought and sold in a normal way, which has caused many property disputes and Lawsuits to be filed in the courts. In turn, it causes psychological, economic and social problems. The aim of the present study is to review the Law on determining the status of Registration of lands and buildings without official documents. The research method is descriptive-analytical. The results showed that in the aforementioned Law, there is a guarantee of executions in case of non-implementation of the Law for the applicant in requesting the title document after the filing of the case, and restrictions for experts and punishments for the people who respond to inquiries are considered and the consequences and damages caused by not using this The Law deprives a person of the benefits of having an official document and disregards the rule of public order and violates the rights of the government. Municipalities have no role in the implementation of this Law, whether in issuing ownership documents or in conducting official transactions, Also, no duty has been determined for properties with a record of Registration that do not have the reason stated in this Law for requesting a title deed.

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Journal: 

Administrative Law

Issue Info: 
  • Year: 

    2021
  • Volume: 

    9
  • Issue: 

    28
  • Pages: 

    9-34
Measures: 
  • Citations: 

    0
  • Views: 

    50
  • Downloads: 

    0
Abstract: 

The role of Land Registration (L.R) in providing legal security is undeniable, but L.R, without reliance on the cadastre, fails to play this inherent role fully. Registration of property rights is known to be a fundamental element in alleviating poverty, securing a secure real estate market and achieving sustainable development. Increasing population growth, horizontal and vertical development of cities, social inequalities and environmental damage have necessitated a rethinking of past regulatory tools in the field of land and its management. Effective land management requires a spatial information infrastructure, and information principals is provided by the cadastral system of a country. Today, the reorganization of Cadastral systems and their continuous evolution for optimal land management and dealing with the mentioned phenomena is inevitable. cadastre is influenced by the dynamics of the human relation with the earth, evolving over time conceptually as well as the relationship with the L.R. The transformation of cadastre from a technical tool into a socio-technical system and their convergence towards full integration is the result of this dynamic. The study of these developments and the interrelationship between L.R and cadastre in Iran and France is the subject of the present study, which is done by analytical-critical method and shows that the convergence of the two institutions in the studied countries has been achieved as "Full integration" and "Interrelationship", respectively. However, in terms of success in achieving the goals, the two countries are not on the same level.

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Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2020
  • Volume: 

    3
  • Issue: 

    6
  • Pages: 

    9-27
Measures: 
  • Citations: 

    0
  • Views: 

    339
  • Downloads: 

    0
Abstract: 

Criminal Laws are those kind of Laws that have the possibility to be abused and have become contrary to the intent of the legislature. Even today, the Law of Registration of documents and property, which plays an important role in establishing the rights of individuals, has provided many loopholes for criminals to commit crimes. As we know, official documents are one of the most appropriate reasons to prove in legal courts. However, the adoption of inaccurate policies and procedures, the failure to use scientific mechanisms to update the Registration services and the exclusion of Registration principles and regulations have provided favorable opportunities for offenders to commit crimes. This study has compiled with the aim of identifying the legal factors and contexts of Arnkab Registration crimes based on descriptive-analytical method and using library tools, and it is assumed that the close relationship between this partivular Law and others and also entrusting the transfer of properties to real-estate firms without technical competence has created numerous grounds for committing a crime. hypotheses by stating and describing the current situation, the issue from various angles and by explaining specialized keywords, such as,Criminalization and the factors influencing their occurrence will be examined, and the need of such a research will be based on the prevention of "abuse of rights" and the resulting damage, since the need of reviewing the Law is inevitable, it should placed on the agenda.

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Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2024
  • Volume: 

    7
  • Issue: 

    19
  • Pages: 

    223-240
Measures: 
  • Citations: 

    0
  • Views: 

    87
  • Downloads: 

    98
Abstract: 

Today, due to the increase in real estate prices in Iran and the granting of permits to establish notary offices to many people, the scope of committing registered crimes in our country has expanded and many Lawsuits have been raised in this regard. Official document offices and real estate Registration offices, as the official representatives of the government in the preparation and Registration of official documents, executive issuance, etc., can play a significant role in the dynamics of Registration and the development of the judicial system. Therefore, the occurrence of any crimes and violations in official document offices and real estate Registration offices not only does not help the dynamics of Registration, but also leads to an increase in judicial cases. On the other hand, the oldness of the Registration regulations, the adoption of imprecise policies and procedures, and the lack of attention to the use of tools and mechanisms in order to update the Registration services provide favorable opportunities for criminals to commit registered crimes. The method of conducting this research is descriptive-analytical and written in a library format. In the end, we will find that the legal, judicial, and executive problems are the most important factors behind registered crimes and social and situational solutions, with factors such as clarifying the operation and Registration measures, eliminating unnecessary procedures and procedures, and adopting coherent and efficient policies and procedures within the organization. Registering documents and real estate, creating a comprehensive system for registering documents and real estate, and closely monitoring the performance of trustees in the field of execution, with the increase of expert staff, it is possible to reduce registered crimes.

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Journal: 

Administrative Law

Issue Info: 
  • Year: 

    2022
  • Volume: 

    9
  • Issue: 

    30
  • Pages: 

    9-29
Measures: 
  • Citations: 

    0
  • Views: 

    33
  • Downloads: 

    0
Abstract: 

The protection of immovable cultural heritage in the England legal system is based on several principles. The principle of publicity and Public participation is the most important principle governing the protection of cultural heritage in this country. These two principles state that cultural heritage is a public resource that the public should have access to and be able to participate in the protection and preservation of this heritage. In the Iranian legal system, the protection of cultural heritage is considered  as a matter of governance. The sovereignty of this matter indicates the unrestricted enjoyment of cultural heritage by the people. The basis of the England Cultural Heritage Protection System is based on public and voluntary participation and the colorful role of public non-governmental organizations in various aspects of protection is the distinguishing feature of the England Cultural Heritage Protection System compared to the Iranian legal system. In the Iranian legal system, the protection of cultural heritage is the responsibility of government institutions, including the Ministry of Cultural Heritage, Tourism and Handicrafts and its affiliated departments. In general, it can be said that the existence of institutional diversity, professionalism and popular participation in the English model of cultural heritage protection has brought an effective and efficient protection system in order to preserve heritage. The main question of this research is in the light of the principle of publicity and public participation, how is the Registration of immovable cultural heritage in the two legal systems of England and Iran and what institutions are involved in the Registration process

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Author(s): 

Borzouei Abbas

Journal: 

PRIVATE Law STUDIES

Issue Info: 
  • Year: 

    2023
  • Volume: 

    53
  • Issue: 

    3
  • Pages: 

    421-443
Measures: 
  • Citations: 

    0
  • Views: 

    157
  • Downloads: 

    63
Abstract: 

The general Registration framework has been dismantled with the implementation of the Registration Law of 1932 and the identification and rating of real estate in the Bureau of Distribution of Official Notices and major Registration. Today, we are facing the acceptance of the Registration of unknown property and the continuation of Registration operations exclusively with the implementation of general Registration regulations. Although the notice distribution office is the basis for accepting the Registration of properties of unknown ownership, according to Article 11 of the Registration Law, which mentions the acceptance of the application for the Registration of "possessor as ownership", and according to Article 24 of the Code of Regulations, which requires ownership possession to be confirmed, to accept the Registration of property, and according to the orders of the supervisory board and the Supreme Registration Council, enshrined in Article 35 of the Civil Law and Article 11 of the Registration Law, first of all, referral to the notice distribution office is done to the extent that its contents are not contrary to the facts. Secondly, in the event of a conflict between the contents of the distribution book and the current possession, considering that the contents of the distribution book are presumptive on ownership and possession, proof of ownership, the possessor is granted the application for acceptance of the Registration. This article is written in a descriptive-analytical manner. The author seeks to study how effective the provisions of the declaration distribution office are in accepting the Registration and whether the provisions of the notice distribution office are proof of the applicant's ownership or proof of ownership. In the assumption that the owner of the property is someone else, will the acceptance of the Registration necessarily be done from the person in whose name the property is registered in the distribution office of the notice or his/her heirs or from the owner of the property? Assuming that the possessor accepts Registration, is possession as ownership sufficient to accept Registration, or are other reasons necessary to prove ownership? In answering this question, one should make the difference between various assumptions: In accepting the Registration of the real estate of unknown ownership, although according to paragraph 272 of the collection of Registration circulars, it is necessary to first refer to the Bureau of Distribution of Official Notices and ask the person whose name is registered in the Bureau of Distribution of Official Notices or his/her heir or the person who transferred the property from the person has been purchased in Distribution of Official Notices or by his/her heirs (directly or through an intermediary), the Registration will be accepted. However, the procedure of the Supervisory Board and the Supreme Registration Council, which is admissible, is that in the conflict between the current possession (material and sensory) and the Bureau of Distribution of Official Notices, the current possession prevails. The possessor must accept the Registration with the right to object of the other party (at the stage of periodical advertisement) because the notice distribution registry in the name of a person is circumstantial evidence of ownership. In contrast, according to Article 35 of the Civil Law, possession as ownership is circumstantial evidence of ownership, which is stronger than the presumption. If the possessor, in addition to the possession, directly or indirectly claims the purchase of the property from the taxed person in the distribution office or his heirs without presenting the purchase documents or their documents are denied or doubted, in this case. Suppose the distribution office accepts the Registration from the person charged in the distribution office, the heir, or the person who purchased from them, with the right of objection for the possessor (claimant of purchase by not presenting proof of purchase or denying his/her proof). In that case, the possessor who claims to purchase from the taxed person has admitted to his/her previous ownership Distribution of Official Notices, , and to accept the Registration, he/she must prove the property transfer to himself/herself. This shall be done following articles 36 and 37 of the Civil Law, which he/she did not provide the purchase documents or was denied and the doubts raised and its proof need to be examined by a judicial authority. Therefore, for the time being, a declaration of acceptance of Registration is made from the person charged in the distribution office, and the person claiming to buy can, after the publication of the advertisement, object to the acceptance of Registration from the other party and the issue to be determined in the judicial authority. According to the text of Article 11 of the Registration Law and its supplementary note, possession as mere ownership can be sufficient for acceptance of Registration, and Article 23 of the Registration Regulations does not indicate its insufficiency. Of course, in practice, the applicant for Registration usually submits an affidavit or other documentation of ownership to the Registration office along with the application. On the other hand, the Registration representative conducts a local inspection and investigation to verify the ownership possession, which is to verify the ownership possession, not insufficient possession as ownership.

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Author(s): 

Farade Falsafi Fatemeh

Journal: 

Issue Info: 
  • Year: 

    2023
  • Volume: 

    4
  • Issue: 

    2 (پیاپی 8)
  • Pages: 

    83-96
Measures: 
  • Citations: 

    0
  • Views: 

    161
  • Downloads: 

    44
Abstract: 

Partition, separation, and division each have their own specific definitions and are different from one another. Generally, partition refers to the difference between multiple joint partners, while separation means separating a property or land by the owner. In other words, when the partners do not agree on how to divide the joint property, the solution is to request partition. However, in the case of separation, a person can also take action to separate their own land or property. In this research, we intend to focus on the concepts of partition and separation and compare them from the perspective of property Registration Law.

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Journal: 

طب و تزکیه

Issue Info: 
  • Year: 

    0
  • Volume: 

    -
  • Issue: 

    41
  • Pages: 

    97-103
Measures: 
  • Citations: 

    0
  • Views: 

    1495
  • Downloads: 

    0
Abstract: 

پزشکان و صاحبان حرف پزشکی معالج که دارای اجازه طبابت می باشند، در صورت رعایت عدم موازین علمی و فنی و نظامات دولتی (بطور جمع و یا هر یک از آنها بطور جداگانه) برحسب میزان و درصد سهل انگاری و یا قصور انجام شده، مسوول پرداخت خون بهای بیمار یا دیه او خواهند بود.هر نوع درمان و عمل جراحی مشروع که با انگیزه شفای بیمار و با رعایت موارد فوق الذکر انجام گردد و قبل از آن رضایت بیمار و یا اولیای وی اخذ شده باشد و هیچ گونه بی احتیاطی و بی مبالاتی انجام نگیرد. به استناد بند دوم ماده 59 و ماده 60 و ماده 322 قانون مجازات اسلامی مصوب 1370 که قانون گذار رضایت بیمار و یا اولیای وی را شرط صحت عمل پزشک و یا جراح دانسته است با اخذ اذن و برائت نامه از بیماران و یا اولیای آنها در مورد غیراورژانسی، پزشکان را بری الذمه خواهد نمود مسلم است که اگر پزشک و یا جراح از اخذ رضایت نامه مذکور که بایستی آگاهانه (Informed consent) نیز باشد امتناع ورزد، عملش واجد وصف مجرمانه بوده و از نظر قانونی قابل تعقیب و مجازات می باشد. علاوه بر موارد قانونی فوق الذکر از بند سوم ماده 42 قانون مجازات عمومی اصلاحی سال 1352 نیز می توان استنباط کرد که هر نوع عمل جراحی یا طبی که با رضایت صاحبان حق و با رعایت نظامات دولتی انجام شود فاقد وصف مجرمانه خواهد بود و بدین ترتیب نه تنها پزشک مسوولیت کیفری نخواهد داشت، بلکه مسوولیت مدنی نیز منتفی خواهد بود.

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Journal: 

PRIVATE Law STUDIES

Issue Info: 
  • Year: 

    2018
  • Volume: 

    48
  • Issue: 

    2
  • Pages: 

    343-362
Measures: 
  • Citations: 

    0
  • Views: 

    500
  • Downloads: 

    0
Abstract: 

Investigation about the quality of protection of property rights, including efficiency of land Registration system is one of the most important issues in economic analysis of these rights. The allocation of land to the owner or possessor (the buyer in good faith) is one of the major issues in this domain. Accordingly, in common Law there is a Registration and record system for solving the problem. In this situation, according to the record system, the land will be assigned to owner instead the land is gived in Registration system by the possessor. From economic perspective, encounter of Registration system is more efficient for different utilities of owner and possessor and positive role in facilitating the exchanges. In Iranian Law, this issue has a same response to record system. But article 22 of the Law of deed and real estate Registration by defining the registery as the main reference in determination of owner and consequently rejection of private document can almost entail efficiency of Registration system.

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Author(s): 

TABATABAI HESARI NASRIN

Issue Info: 
  • Year: 

    2016
  • Volume: 

    23
  • Issue: 

    9
  • Pages: 

    1-4
Measures: 
  • Citations: 

    0
  • Views: 

    782
  • Downloads: 

    590
Abstract: 

Real estate is the most important economic asset of any society whose entry into the economic cycle has a considerable impact on the development of the country. Stability of real estate rights has effect on the owner's ability on the entry of its real state to economic cycles. This stability will motivate investment in real estate section. The stability of real state rights as well as identifying of the objective rights in the real state have effects on the ability to achieve the financial markets, supply and exchange of property on the market, and affect the real estate transaction costs which have a vital role in the development of real estate transactions...

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