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Summary of the 106th Edition of the Kanoon Monthly
Publication
The 106th edition of Kanoon is published in July 2010 and is devoted only to issues relating to real estate and automobiles.
The "View Point" section of the 106th edition of the Kanoon publication, July 2010 special edition, is written by Mr. Abbas Saeedi, chief editor of the publication. An article appears in this section that discusses the most important task of the Judiciary System which is nothing but "Prevention of Crime". In addition, an emphasis is placed on the importance of preparing official documents at notaries when conducting real estate, automobile or non real estate transactions. The author believes that doing so will reduce significant number of cases in courthouses.
The "Commentary of the Day" is written by Mr. Reza Tajgar, Chairman of the Board of Editors and special consultant to the Managing Director of the publication. The section of this issue includes an article which is titled:
"Two Words that Make Sense, Truth must be admired and you must invoke Your Rights"
The author brings out to light two major issues that notaries are dealing with these days.
He argues that automobile transactions must take place at notaries as used to in the past. He believes that elimination of article 30 of the moving violation bill will have grave consequences and to prove it he names 14 consequences.
In the second part of "Two words that make sense", he analysis the legal tasks of brokers and imperative of abiding by the law by them. He cites paragraph A of article 188 of draft of the Fifth Economic Plan that mandates brokerage firms to solely get involved in brokering real estate transactions. In both articles of "Two words that make sense", the author basis his argument on law, and domination of the law and believes that justice can be carried out only when the law administered properly in the society.
Mr. Ali Sabahhi has written about a controversial issue in the field of registration of real properties which appears under title "Analyzing articles 147 and 148 of the amendment to registration law and effects of their implementation".
Extension of the forementioned articles is the agenda of the judiciary system. This article answers in detail in 8 different parts to this question that whether fundamentally the ratification, extension and execution of the forementioned articles are necessary or not? Furthermore, he details the advantages and disadvantages of execution of such laws for the City Municipalities and discusses the status of commonly owned and endowed properties.
At the end, he makes several recommendations and suggests that committee of specialists consisting of several specialists to be replaced by a single specialist.
The next article is an article written by Mr. Khosro Abassi Dakani under title: "Where are we Going?!"
The author discusses the rules dominating brokers. He illustrates the tasks of brokers and brokerage firms. He uncovers the roots of disagreements between notaries and real estate brokerage firms and points to historical mistake in passing "Directive for execution and method of issuing technical license for real estate and automobile brokers" which was passed on July 6, 2005. He argues that the passage of the law was a mistake and should have not been passed.
At the end, he concludes that if the notaries get busy with their own job which is preparation of legal documents and brokers get busy with their own job, definitely the double legal system dominating the legal document will disappear.
"Agent of Brokerage Firm" is the topic of another article which is written by Mr.Saber Nazemi that appears in this section to clarify the legal status of an agent with respect to violation of law and bylaws and resolutions adopted in respect of that subject. The author recommends the legislators and executors of the law and directives to pay proper attention to the law and regulations so these types of bylaws, directives or regulations that contradict the current laws do not pass again in the future.
Another article that appears in this special edition is an article that appears under topic of "Necessity of Scrutinizing Brokers%q% Activities by the Government"
The article is written by Mr. Mahdi Bagheri Nassami who briefly brings out to light how real estate and automobile brokers are unaware of the law and legal issues. The author draws the attention of authorities, particularly the attention of members of the Islamic Consultative Assembly to the fact that if real estate and automobile transactions are carried out at the registry offices, there is going to be less controversy and lesser number of complaints filed at the courthouses across the country and this will be consistent with the government policy to reduce the load work of judicial system.
In the "View Point" section you will find an article which is written by Mr. Saber Nazemiunder topic of "Transfer of Attached Properties to Winning Party or Beneficiary". He clarifies the provisions of article 108 of rule of procedures of General and Revolutionary courts with respect to civil matters enacted on April 9, 2000 and article 28 of bylaw of execution of legal and official documents that are binding and enforceable and methods of attending complains from execution procedures enacted on Sep 2, 1997.
He brings up the issue that all notaries are involved with, that when they receive a final and binding judgment with respect to subject matter of the judgment from judicial sources in favor of the winning party or the beneficiary, to transfer ownership of a property, it is fundamentally correct to go ahead with the transaction without receiving a clearance from the State%q%s Organization for Registration of Deeds & Properties.
In continuation, we read an article written by Mr. Abbas Mirshekari, which is titled "Legal Pathology of Contracts Prepared by Real Estate Brokers"
He argues that contracts prepared at the real estate brokerage firms are legally wrong and should be considered as the biggest source of problems in the industry. He analysis the problem and concludes that the problem lies in the contents of the ordinary contracts that real estate agencies use. He also analysis the consequences of using standard forms by brokers and concludes that the alleged standard forms don%q%t preserve the rights of parties and the society in whole and urges the government to review the current system that dominates over the legal documents in Iran.
Another article appears in this special edition under the title of "Role and Real Position of Brokerage Firms" that is written by Mr. Mohammad Zarei. In this article the author argues that wording of articles 46, 47 and 48 of Registration Act is done very conservatively by the legislators and argues that in light of passage of Facilitating Act of 2006 with respect to preparation of documents at the notaries in Iran, he emphasis on the fact that the real brokers should take care of their primary responsibility of brokering a deal and leave the legal matters with the notaries.
Another interesting article is titled " Legal Status of People Prohibited to Carry out Real Estate Transactions & Attached Properties in Ordinary Contracts" . The article is written by Mr. Mohammad Azimian and is one of the most interesting articles in this issue. He mentions the fact that written documents can be used as oneof the 5 different kinds of evidences to support a claim in court. He clarifies the status of prohibited people and attached properties in two different sections. He argues that fundamentally no mention is made to these important points in the standard contracts used by the real estate brokers in Iran while any one of these points can have great impact on transactions and lead to cancellation of contracts.
In continuation, we read an article written by Mr. Ali Tavassoli which is titled "How Official is a Preliminary Agreement?" He brings 5 reasons to clarify and prove that a preliminary agreement is an ordinary document and legally does not deserve special considerations. He argues that 1-Preliminary agreements don%q%t create right of possession in the property 2- They can not be invoked as positive evidence 3- not being prepared by competent agent 4- lack of executive power 5- being doubtful. He concludes that a preliminary agreement is not an official agreement.
In this edition%q%s "Critic Tribune", one important critics is brought up under the following titles: "Decision # V 58/2893 made on May 27, 2010 rendered on by the Uniform Judicial Precedent Committee of Notaries and Notaries%q% Aides Association" which is written by Mr. Mohammad Azimian. The alleged directive makes it mandatory to request for paid certificate of inheritance tax before proceeding to transact on all estates of a deceased person despite commitment made by the purchaser to pay such taxes. He argues that in light of the Facilitating Act for preparation of documents at registry offices, such transactions can be carried out without such certificates.
In the "Reflection section", news, interviewed and reports broadcasted in mass Medias with respect to properties and automobiles in the past few months are brought to you again for your review.
"The Headache Section" contains an article relating to privatization of registry offices in Iran. Article 44 of the Constitution of Iran regards the registry offices in Iran as the most apparent private sector in Iran and emphasis on legal monitoring them.
In other sections, latest decisions made by the Uniform Judicial Precedent Committee of the Notaries and Notaries%q% Aides%q% Association, Legal Consultative Committee of the Notaries and Notaries%q% Aides%q% Association are brought to you and at the end several books are introduced to you.
Please bear in mind that the summary of articles are printed in Arabic and French as well.