نوع مقاله : مقاله پژوهشی
نویسندگان
1 رئیس اداره بازرسی ، ارزیابی عملکرد و پاسخگویی به شکایات ثبت اسنادو املاک استان تهران
2 دانشکده علوم انسانی و حقوق دانشگاه کاشان
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
One of reasons and philosophies of existence of organization, structure and function of notary offices is to create legal security in matter of document registration. These offices are managed individually, while individual implementation of notary office has its own challenges. One of most important challenges is lack of colleagues with same qualifications within group, which makes it impossible to easily replace, divide work, and specialize matters, and perhaps, professional head will be exposed in some cases. In addition to that, civil liability of notary is unsupported and upon his death or retirement, office is also closed. In this situation, realizing legal security of society in governance matter of document registration is place of discussion. According to authors, collaborative implementation of a notary and community of several notaries in a collection provides possibility of consulting with colleagues who all work in name and for company, in this way, unity despite plurality of researchers and possibility of dividing work, expertise Orientation and reduction of cases of professional disclosure are provided. Also, by adding civil liability of company and partners to personal liability of partner, probability of compensation for client's loss increases. Providing correct information, creating transparency and legitimate trust, as main components of legal security, are results and benefits of this legal institution. Preventing closure or liquidation of office and continuation of document registration despite liquidation, will stabilize legal relations and, as a result, continuation of legal security, so that fears of individual implementation are replaced by hopes of collaborative implementation.
کلیدواژهها [English]