کانون سردفتران و دفتریاران
جمعه, 30 مهر 1395
Madayeneh or Tadayen, in the Boghreh chapter of the Holly Quran. His conclusions are of high importance in this regard; he concludes that establishment of registry offices is what the Holly Quran dictates; in addition he concludes that carrying out real estate transactions in presence of two worthy witnesses, and payment of fees to the notaries are mandated by the Holly Quran.
One of the issues that recently have come to light is the issue of transferring motor vehicles at the notary offices. The issue has recently gained the attention of the officials at the Department of Motor Vehicles and the Association of Notaries and Notary Aides, and has become a point of dispute between them. "A Glance at the Method of Preparing Documents for Transfer of Non Railed Ground Motor Vehicles at Notary Offices"is the topic of an article written by Mr. Mohammad Bolghari which appears in the "Window" section of this month%q%s Publication. The article highlights very important issues that we recommend you reading it.
The third and last part of article written by Ms. Jannat Khodadad appears under title of "Method of Execution of Official Deeds". The author takes up the issues of "Execution Related Costs and Execution Related Complaints". The author discusses the execution fees, attachment fees, safeguarding fees, auction fees, and etecetra. In addition the author takes up the issue of complaining of decrees for execution of official deeds and methods of their execution.
In the translation section, you will find an article under title of "Losing Party%q%s Fault in Traffic Accidents". The article is translation of part of a book titled "Legal Liabilities Conditions" written jointly byMs. Geneve Viene & Mr. Patric Jordan, professors at theSorben University in Paris. The book isperceived to be one of the most renowned legal reference books in France with regard to the issue of legal liabilities, where a full chapter is devoted to the issues relating to traffic accidents in that country. The article takes up the issue of the fault of losing party in conjunction with the opinions rendered by the France Supreme Court. The intention of publishing this article in this issue of the Publication is to address the issue of fault and legal responsibilities of the losing party in legal system. Mr. Majid Adib has translated this valuable article.
It is reminded to our readers that the summary of the articles of the Publication appears in French and Arabic as well as English every month.
the publication. The author tries to clarify and analyze the stages that the Money Laundry bill went through before becoming a law in Iran. He also emphasizes on the method of implementation of its executive bylaws in Iran and makes a comparison of that with the rest of the world, and emphasizes on the fact that the current system of registering real estate transactions in Iran fails to adapt to the new law and lacks capability to identify purchasers and sellers for the purpose of effective implementation of such money laundry laws in Iran. Consequently, he urges all notaries, and legal experts to forward their articles concerning money laundry laws in Iran to the office of the Kanoon Publication as soon as possible for publication.
"Possession Inconsistent with the Rights of Mortgagee" is another article written by Mr. Mohammad Azimian, which discusses the question of borrowing money and getting into mortgage contracts, particularly the ones made by the banks, the banks that should not get involved in charging customers interest on the money they loan. The author discusses in detail the mortgage documents and their legal consequences. Mortgagors not having the right of possession in the pledge property, provisions that prevent the right of transfer of possession to a third party and few other topics concerning this matter are among the subjects discussed in detail by the author. The author concludes that the transfer of the pledged property is not inconsistent with the rights of mortgagee and believes that the "condition for performance of an act" and "Corollary condition" with respect to the condition that prevents transfer of pledged property is separable.
"Current Legal Status of Borrowing Money in Lease Agreements" is an article written by Mr. Javad Sheikh Siah who discusses the issue of borrowing money in lease agreements which is a very popular provision these days in the lease agreements. In these types of agreements that are known in our culture as "Mortgage & Lease" or "Complete Mortgage", the tenant (lessee) pays a sum of money to the landlord (lessor) upfront and then will be excused from paying portion of the actual rent or entire rent to the landlord (lessor). Whether this provision in lease agreements is viewed by the jurists as interest bearing transaction or not is the subject of this article. The author discusses the question of whether there is favoritism in lease agreements with such provisions or whether in contracts for borrowing money there is favoritism for such rental and tries to come up with an answer for it.
The second and last part of "Quranic Requirements of Establishing Registry Offices"is written by Mr. Mohammad Reza Dashti Ardakani. The author basis his argument on the opinions rendered by the contemporary critics and translation of the holly psalm # 282, known as the Ayat
Summary of the 101st Edition of the Kanoon Monthly Publication
In the 101st edition of the Kanoon Publication, you will find news about latest developments in law, rules, regulations; and latest opinions rendered by the Legal Consultative Commission of Notaries and Notary%q%s Aides Association. In addition we introduce you new legal books. The scientific and explorative articles printed in this edition are as interesting as the ones appeared in the earlier editions.
Restoring the right of oppressed and compensating the ones who deserve to be compensated, are accepted custom in our society; why? Because, sincerely we all believe that doing so makes our society a more equitable one. One of the things that people involved in law have consensus opinion on it is the fact that notaries should be paid fairly for drawing up legal documents and the service they provide. Being compensated fairly and rationally for the service they provide the public is the hot topic among the notaries these days. There is an article in the View Point section that is written by Mr. Abbas Saeedi which explores the possibility of making it possible for the notaries to charge special fees in special circumstances. Furthermore, he explores the possibility of increasing notaries%q% fees in several phases. He emphasizes on the fact that in light of current financial situations dominating our society, and in light of religious edicts, narratives and the interpretation of verses of the Holly Quran, it is imperative to pay attention to this important issue.
"Commentary of the Day" section of this issue is devoted to the question of money laundering. The article appears under the topic of "What the Notaries Should Do in Conjunction with the Implementation New Money Laundry Laws?" The article is written by Mr. Naser Nayebi, editor in chief of