Privatization of the Registration System through Notary Offices
The sovereign nature of the registration system has included them in the public domain and run by the public sector and through civil servant. The idea of "shrinking the state" and "increasing the regulatory role of governments" has led to the idea of privatizing registries, one...
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2021-10-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
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| Online Access: | https://qjpl.atu.ac.ir/article_13651_ec9d7693b3d6d7ee6e971bbac2572308.pdf |
| Summary: | The sovereign nature of the registration system has included them in the public domain and run by the public sector and through civil servant. The idea of "shrinking the state" and "increasing the regulatory role of governments" has led to the idea of privatizing registries, one of the proposed ways of privatizing is to do the registrar's work with non-governmental experts: notaries. what is the nature of notaries (public, private, privately public), and with what legal bases can they delegate this state sovereignty task? This article, with a comparative and historical overview, concludes that, on the one hand, it is necessary to distinguish between the "notary profession" which is a private profession and the "notary role" which is a public role, based on this role, that is the public authority acting in the name of the state and it has a sovereign nature. On the other hand, although registration affairs are regarded as sovereign affairs, but based on the foreseeability of doing of sovereign affairs by attracting "people's participation" in laws, it is possible to extend the doing of registrar taskes by notary offices in accordance with the general policies of Article 44 of the Constitutional law. |
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| ISSN: | 2345-6116 2476-6216 |