نوع مقاله : علمی پژوهشی
نویسندگان
1 کارشناس ارشد حقوق ثبت اسناد و املاک، دانشکده حقوق و علوم اداری، واحد بیرجند، دانشگاه آزاد اسلامی، بیرجند، ایران
2 استادیار حقوق، دانشکده حقوق و علوم اداری، واحد بیرجند، دانشگاه آزاد اسلامی، بیرجند، ایران.
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Providing public services continuously and without interruption is one of the most important forms of citizenship rights. Among these services, there is the provision of instrument and property registration services that should never be delayed. Sometimes the notary does not find the possibility to be present in the office. In these cases, the institution of an alternative of a notary public has been established. Here, the question that arises is what is the proper legal structure of the institution of an alternative of a notary public? as a hypothesis, it should be said that identifying the necessary independence on the one hand, and drawing a clear competence is appropriate to the position of holding the registration services on the other hand, are the most important aspects of the legal structure that oversees the institution of an alternative of a notary public. The studies of this research show that the activists of Iran's legal system, with a classic view of the notary system, still insisted on the implementation of the individual-base system of a notary public by creating an incomplete overlap between the notary and its alternatives along with the lack of granting the necessary independence, have taken an improper measure to meet the needs of citizens relate to registration services. On the other hand, the French legislator has established a suitable strategy in the way of providing registration services to the members of the society by identifying the cooperative notary system and then creating a complete overlap in the jurisdiction of the notary and his alternative. All in all, during the present research, relying on the analytical descriptive method, the aim is to explain the suitable legal structure of notary public alternative by comparing the position of the legal systems of Iran and France.
کلیدواژه‌ها [English]
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