The approaches of iranian and french law on individual or collective execution of notarial offices

Document Type : Original Article

Authors

1 Deputy of Inspection, Performance Evaluation and Response to Complaints of Tehran Real Estate Documents Registration

2 University of Kashan

10.48308/jlr.2024.234423.2807

Abstract

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.

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Articles in Press, Accepted Manuscript
Available Online from 25 November 2024
  • Receive Date: 13 November 2024
  • Revise Date: 26 December 2024
  • Accept Date: 25 November 2024