کانون سردفتران و دفتریاران

دوشنبه, 25 تير 1397

 

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Summary of the 105th Edition of the Kanoon Monthly Publication
 The "View Point" section of the 105th edition of the Kanoon publication, June 2010 edition, is written by Mr. Reza Tajgar, Chairman of the Board of Editors and special consultant to the Managing Director of the publication.
The article takes up the issue of middleman and the role that brokers play in real estate transactions. The author brings up this question as to why the real estate brokers do not abide by the law to facilitate the real estate transactions? At the end, he raises this question for the readers to answer whether the brokers have legal right to demand their full commission prior to official transfer of title (deed) to the new owner at a registry office? 
The "Commentary of the Day" section of this issue includes an article which is titled "Status of Ordinary and Official Documents; How Are They Treated under the Current Law?" The article is written by Mr. Naser Nayebi, Chief Editor of the publication and summarily points out the fact that not only the law emphasis on using legal documents and registering them at registry offices, but common sense rules that it is to the benefit of the society and will preserve law and order in that society.
The author argues that legal transactions carried out between members of the society should be carried out by means of legal documents. He believes that using such legal documents and registering them will prevent third parties from challenging the ownership of real estate properties in the future and will prevent issuance of documents that can be used to raise such challenges to begin with. The author believes that doing so will significantly reduce number of people seeking injunction for specific performance to complete transaction, or similar types of injunctions in court houses. 
"Payment of Marriage Portion upon Affordability" is the title of a note that appears in this section and is written by Mr. Mojtaba Taghdisi. The author analysis the consequences of adding two options to the previously existing twelve options on the marriage certificates (Marriage Contract). The author believes that the way the options are provided, "Marriage Portion is payable upon demand" and" Marriage Portion is payable upon affordability", provides room for the husband and wife to decide on the issue of how marriage portion should be paid. The author sincerely believes that the issue is still a challenging issue.
One of the interesting articles that appear in this edition, is an article written by Mr. Abbas Montahaeiunder the title of "Confession by Competent People". The author discusses the matter from "religious" and "civil law" perspectives. He discusses the issue from the religious perspective in detail and concludes that when a competent person confesses against himself, according to the Islamic codes, such confession is admissible. The author refers to religious narratives and holly verses of "Quran" to back up and reasoning his claim. One of the new features of this article is the fact that admissibility of such confessions is simultaneously analyzed from religious and civil laws perspectives. At the end, the author makes interesting recommendations that makes this article worth reading.
Another article in this month%q%s publication deals with "International Legal Proceeding Standards and the Judicial System of Iran". The author argues that administration of fair justice is an indication of a developed society and has analyzed important legal proceeding standards that have been applied to important international cases and have compared them to the legal system of Iran. One of the important features of this article is the fact that it highlights the lack of research in this field in Iran.
The author, Mr. Kianoosh Razaghi, argues that there is an inconsistency between the international standards of legal proceedings and the ones applied in Iran. He calls for recognition of this important matter in Iran and goes into detail to discuss matters such as right to petition for redress, right of an accused to defend himself, right of an accused to face his accuser", right of an accused to public hearing", limiting the trials to the demand of the accuser, two stage proceedings, and prevention of judges from securing evidence in Iran. 
In the "Critic Tribune", Mr. Saber Nazemi reviews verdict number R-V-56/2208, rendered by the Notaries and Notary Aides%q% Association Uniform Judicial Precedent Committee, which in every respect worth reading it. The alleged verdict is about real estate transactions involving duplicate proprietorship deeds and sets duties of registry officers when getting clearance for such properties in such circumstances.
The "Windows" section contains an article that is titled "Does Registration Act of 1975 Replaces Registration Act of 1937?" The author argues that the Registration Act of 1937 had deficiencies and there are ambiguities with the current law that need to be addressed. Mr. Atta Olumi, the author of an article titled "It is time to change the law for automation of Notary Offices" argues that since the subject of change of law applicable to the Notary offices and Association of Notaries and Notary Aides fall within the power of State%q%s Organization for Registration of Deeds & Properties, and simultaneously the issue of automation of notary offices is pending, the time is ripe for changing the law. We strongly recommend reading this article to people in charge of registration.
In the following sections you will find an article written by Mr. Mohammad Ismail Ashkezari which is titled "Various Aspects of Notary%q%s Profession". The author demands that when it comes to serving directives and guidelines, the State%q%s Organization for Registration of Deeds & Properties authorities must pay special attention to the Notaries.
In continuation, in view of the fact that so far no significant attempt is made for compilation of endowment glossary and terminology, a new section will appear in this publication every month under the title of "Introduction to Endowment Glossary & Phrases". The section will be compiled by Mr. Seyyed Jalil Mohammadi.
The Translation section contains an article translated by Mr.Ghassem Kamyab Chenariwhich is titled "Confession by Representatives in French Law". The author discusses confession in French law and argues that even in litigations; confession by representatives is admissible under the law and the law recognizes no limitation with respect to confessions made by representatives, and even in criminal cases it is possible to confer authority to third party to make confession on behalf of client. The article briefly mentions the principle of confession by representative in the Iranian law as well.
In concluding section, as before, in addition to bringing you news concerning new rules and regulations, and introduction of legal books, we have brought you few opinions of the Consultative Legal Commission of the Notaries and Notaries%q% aides. The Section is written by Mr.Mohammad Azimian and Mr. Reza Tajgar.
We are sure that these articles will be very interesting for Notaries, Notary Aides, law students and people in charge of registration of deeds and properties all over Iran.
Summary of the publiction appers in Arabic and French as usual month in the Foreign Language Section.