Developments in the Governing Procedure of the Document Arrangements in Notary public offices in Iran’s law

Author Name(s): Mehdi sahraee, Reza partovi zadeh benam*
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Abstract

The oldest legal institution in Iran is the entity for deed arrangements (the Notaries). It is of such importance that the government has been paying special attention in all historical eras and since the human population is growing and trade lawfully began in a modern manner, the need to record transactions and the role of the notaries and the head of notary public offices were also evident. Notary public offices are authorities of arrangement and registration of contracts and property documents related as stated in Article 1 of the Notarial Act of 25 July 1354 have been placed among the collections of the Ministry of Justice and accordingly in current situation, is a provider of specialized services to the people and the government and on the other hand, under Article 2 of the same law, the management of the issues of Notary public Office is appointed to a person suggested by Registration of Deeds and Properties Organization through consultation collected of Association of the Notary Public Heads and due to the Minister of Justice’s notification (As the Judiciary Bureau head notified) and is called the Notar. This current research with an applied goal, an analytical-descriptive method and using library resources, especially legal documentation is to review developments in the procedure governing the notarial document arrangements in notary public offices in Iran’s law. We hope the contents of this investigation, on the one hand, cause the awareness of the enthusiasts in the field of law regarding the details in the developments of procedures governing deed arrangements in notary public offices and on the other hand, cause the proposal of solutions to overcome the impediments of arrangements of deeds and avoid any mistakes of notary public offices.

KeyWords

The head of notary office, Notary public offices, Electronic registration, Organization of Document Registration

Introduction

To validate and formalize the transactions, obligations and contracts people need to refer to the notary public offices for their registration. Nowadays by the expansion of transactions and the frequency of the corruption related to undertaking transactions in real estate transactions that instead of consultation in transactions attempt the arrangements of the transaction deeds and receiving a large amount of fee from dealers, the necessity of arrangements of official documents according notary public offices due to the claims presented in the courts arising from the arrangements of ordinary documents is very much felt today.

 

Conclusion

Notary office manager (or bureau or notary) is a civil institution affiliated with Iran’s judiciary Bureau to for the official registration of documents that is managed without dependency on the political and financial establishment is independent.

Since the establishment of the Organization for Registration of Documents and Properties and the traditional administrative system and administrative structure that had also been progressive in its kind, part of the executive functions has been assigned to the specialized civil institutions i.e., marriage and divorce Notarial Offices.

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