کانون سردفتران و دفتریاران

دوشنبه, 01 مرداد 1397

انگلیسی

Summary of 104th Edition of Kanoon Monthly Publication
 
104th edition of Kanoon was published in May 2010 and contains "View Point" section which is written by Mr. Reza Tajgar and is devoted to subject of draft of "paragraph 1" of article 188 of the "Fifth Economic, Social, Cultural and Political Development Program" Act which covers preparation of contracts and real estate transactions at the official registry offices.
"Legality of Fines and Penalties Imposed by Special Courts for Notaries and Notaries%q% Aides" is topic of an article that appears in The "Commentary of the Day" section. The article is composed by the Board of Directors of the publication and discusses one of the hot topics debated among notaries and notaries%q% aides.
"Review of Directive number 88-215904, of the State%q%s Organization for Registration of Deeds & Properties dated March 15th, 2010 and its Adaptation to the Deeds Preparation Facilitation Act at the Registry Offices" is the topic of an article written by Mr. Khosrow Abbasi Dakani. The article takes up the issue of whether it%q%s necessary or not necessary to get certificate of tax clearance prior to preparation of lease agreements or transfer of Key money. The author clarifies the issue in detail and requests that lawmakers make revision of this directive.
Among other articles seen in this edition, there is an article written by Mr. Iraj Najafi which is titled "Role and Status of Official Registry Offices in Enforcing Provisions of Binding Deeds". The author discusses how a registry head can issue writ of execution and how it can be executed.
In addition, Mr. Hossein Ghorbanian has written an article that is titled "Legal Status of Pledged Properties and Method of Their Division". The author concludes that 1- a partner can pledge a property with respect to the percentage he / she owns , but he / she must gain prior permission of the other partners. 2- Division of pledged property is not in contradiction with the rights of pledge. 3- Lien on the shares of one partner may not prevent division of the property.
Among other interesting articles that appear in this month%q%s edition, there is an article titled "Legal Consequences of Dissolution of Legal Entities (Companies) on Power of Attorneys Issued by them". The author discusses article 678 of the Civil Codes of Iran and compares the death of a natural person and dissolution of a company in such circumstances, and believes that power of attorneys conferred upon third parties by companies that merely are cancelled by decision of general assemblies are more in line with principles of the law and should be given more credit to them. The article is written by Mr. Mohammad Azimian.
Another interesting article that appears in this month%q%s edition of Kanoon is an article written by Dr.Mr. Ehsanollah Pirdadeh Biranvand which is titled "Investigation of Religious Jurisprudence Principles for Premeditated Murder Punishment". The author classifies murder into 3 categories of premeditated murder, quasi murder, unintentional murder, from religious perspective where premeditated murder carries death penalty. Elements making up a premeditated murder, methods of proving premeditated murder, participation or supervision or causation of premeditated murder are among the subjects discussed in this article where verses of the Holly Koran, Islamic narratives, religious edicts and verdicts rendered by courts are invoked. Proposal for amending article 364 of the Islamic Penal Codes is among important conclusions of this article where the author believes that changing punishment for intentional murder from death to fine (blood money) must be accompanied by a reason.
In the "Window" section you will find an article written by Mr. Mohammad Ismail Ashkezari which is titled "Logical, Descriptive and Statistical Review of Income and Expenses of Registry Offices". The author discusses the fees charged for preparation of documents and compares them to real value that should be charged and makes proposals for changes. For example he proposes that registry offices should be compensated for the registration or non defined services that they provide to their customers. The author concludes that these services should be defined and registry offices should be able to charge them.  
Another article that appears in the "Window" section is titled "Review of a Disciplinary Case" which is one of the hot topics of Registry Offices and worth reading it. The case is about disciplinary case of a Registry head, or Registry head aide and encompasses reports, minute of inspection, opinion of specialist, indictments, and defense of Registry head or Registry aide. The article is very interesting and we suggest you reading it. The article is Written by Mr.seyed Jalil Mohammadi.
"Principle of Requirement for a Contract from Religious Jurisprudence and Civil Codes Perspectives" is the title of an article written by Seyed Amir Mahdi Amin which states that contracts should be legally binding and in case of violation, the party who has incurred a loss must be able to resort to legal authorities for compensation of his losses.
The author emphasis on the fact that principle of contracts are not limited to specific contracts and encompasses subjects beyond that and unspecific contracts also include in this principle.
In the "Translation" section you will find an article translated by Mr. Ebrahim Yussefi Mahaleh which is titled "European Union Notaries Proper Code of Ethics". The title in original language is "Code European de deontologie notariale". The article can be used for comparison of the laws and is very useful for Registry Association and people in charge of registration.
In the "Headache" section we read the content of letter written by the Judiciary%q%s Branch deputy and head of State%q%s Organization for Registration of Deeds & Properties to the head of Islamic Consultative Assembly with respect to "Method of Investigation of Transportation Violations" pending bill. The alleged bill is currently on agenda of the Islamic Consultative Assembly.
At the end, in addition to news, introduction of new rules and regulations and introduction of new books, you will see the opinions of the Legal Commission%q% Consultative opinions of the Association of Notaries and Notaries%q% aides. The section is written by Messer Mohammad Azimian and Reza Tajgar.
Summary of the publication appears in Arabic and French as usual every month in the foreign language section.