Document Type : Research Paper
Authors
1 Ph.D. Student (in Private Law), Faculty of Law, Shahid Beheshti University.
2 Assistant Professor, Department of Private Law, Faculty of Law, University of Science and Culture, Tehran, Iran.
Abstract
The designation of the Civil Registration Organization as the official authority for issuing certificates of inheritance, stipulated in Subsection (e) of Article 113 of the Seventh Five-Year Development Plan Code of the Islamic Republic of Iran, along with the enactment of its 23-article executive bylaw, faces considerable legal challenges. The findings of this research, collected through a descriptive-analytical approach, demonstrate that a lack of adequate familiarity among the legislative and executive drafters with the underlying legal frameworks and related acts—such as the Act on Mandatory Registration of Real Estate Transactions—has resulted in substantial inconsistencies within enacted laws. Misapplication of legal terminology (e.g., referring to the decisions of the Civil Registration Organization’s Dispute Resolution Board as “judgments”) and inappropriate empowerment of this non-judicial board, including the determination of deadlines for filing appeals, further illustrate these deficiencies. In addition, the silence of Subsection (e) of the aforementioned Article 113 on numerous essential aspects has sometimes led the executive bylaw to exceed its explanatory function and encroach upon the legislature’s domain by extending the scope of the Act beyond its original intent.
Keywords
- Appeal from Certificate of Inheritance
- Subsection (e) of Article 113 of the Seventh Five-Year Development Plan Act
- Peace Court
- Testamentary
- Dispute Resolution Board of the Civil Registration Organization
Main Subjects
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