Document Type : Research Paper

Authors

1 Professor, College of Farabi, University of Tehran, Qom, Iran

2 Ph.D. of Jurisprudence and Principles of Islamic Law, Postdoctoral Researcher at Islamic Azad University, Qom Branch, Qom, Iran

Abstract

The administrative authorities deal with the mistakes and dispute in Registration of Documents and Estate, namely, the supervisory boards and the Supreme Council, including administrative courts that play an essential and important role in the outcome of the records. In this research , the current status of these references has been investigated and the reasons their inefficiencies are: Prolongation Checking the Files Send, Ignoring the principles of independence and impartiality, Disregard of producer tools and control tools in Impartiality in the said discretion ago, Lack of access to court for reasons such as lack of attention to the principle of the right to be heard, Has been analyzed and Finally, the necessity of reviewing the jurisdiction and scope of these authorities has been concluded the most important of these is the establishment of a Supervisory Board in all Registry Units, The creation of a new authority known as the Provincial Supreme Council of Document Records in the Provincial Document Records's General Offices and delegating the current powers of the Supreme Council of Document Record to the This Council and expanding the jurisdiction and duties of the Supreme Council of Document Records established by the State Register of Property and Documents.

Keywords

Adabi, Hamidreza, specialized registration rights: real estate registration rights, document registration, implementation of the provisions of binding documents, company registration, third edition (Tehran: Jangal, Javadane 2016). (In Persian)
Akhundi, Mahmoud, Criminal Procedure Code of Organization and Jurisdiction of Criminal Authorities, Volume II, 13th Edition (Tehran: Publishing Organization of Printing and Charitable Affairs Publications, 2019). (In Persian)
Azarpour, Hamid; Gholamreza, Hojjati Ashrafi, Mahshi collection of registration circulars: including the unanimous decisions of the association of registrars and clerks until June 2016, 20th edition (Tehran: Ganj Danesh, 2016). (In Persian)
Smith, Ronak M., Rules of International Human Rights, translated by Fatemeh Kihanlou, first edition (Tehran: Tehran University Faculty of Law and Political Science Press, 2008). (In Persian)
Tarivardi, Sadegh; Abbasi, Mahmoud, "Principles of fair proceedings in administrative courts and medical disciplinary boards", Medical Law Quarterly, 3rd year, 9th issue (1388), pp. 113-148. (In Persian)
Tafakorian, Mahmoud, Real Estate Registration Rights, 17th edition (Tehran: Negah Bineh, 2016). (In Persian)
Tafakorian, Mahmoud, "Role of Supervisory Board and Supreme Council of Registration", Kanon Monthly, Year 45, Volume 2, Number 34 (2008), pp. 15-43. (In Persian)
Heydari, Siros, "Principle of Correspondence in Administrative Proceedings with Emphasis on Administrative Court Proceedings", Journal of Legal Studies of Shiraz University, 9th Volume, 2nd Issue (2016), pp. 83-116. (In Persian)
Rostami, Vali et al., Fair proceedings in special administrative authorities of Iran, 1st edition (Tehran: Publications of Faculty of Law and Political Sciences of Tehran University, 2018). (In Persian)
Shams, Abdullah, civil procedure (advanced course), first volume, thirty-fifth edition (Tehran: Drak, 2014). (In Persian)
Sheikh Sadouq, Muhammad Ali Ibn Babouyeh al-Qami, Man La yahzara al-Faqih, volume 4, second edition (Qom: Jamia Modaresin Publications, 1404 A.H.). (In Persian)
Fallahzadeh, Ali Mohammad, "Developments of the right to be heard in the administrative law of England and Iran", Public Law Research Quarterly, 15th year, number 41 (2012), pp. 169-206. (In Persian)
Koleini, Muhammad bin Yaqub, Al-Kafi, seventh volume, third edition (Qom: Dar al-Kitab al-Islamiya, 1367). (In Persian)
Misbah, Mohammad Saeed; Mirjalili, Mohammad Mahdi, Procrastination of proceedings is an obstacle to the realization of citizenship rights, International Conference on Innovation and Research in Human Sciences, Management and Islamic Education, (2015), pp. 1-8. (In Persian)
Naji, Morteza, "Impartiality in Criminal Proceedings", Judicial Law Journal, Nos. 56 and 57 (2016), pp. 52-57. (In Persian)
Hemti, Mojtabi, "Analysis of the Law of the Court of Administrative Justice from the perspective of specific standards of fair administrative proceedings; Looking at the procedure of the European Court of Human Rights", Public Law Research Quarterly, Year 19, No. 55 (2015), pp. 245-272. (In Persian)