New Paradigms in Educational Research

New Paradigms in Educational Research

The Position and Role of Notary Publics in Concluding Real Estate Contracts, Considering the Law Mandating the Official Registration of Immovable Property Transactions Dated 1403.03.17

Document Type : Original Article

Authors
1 M.A student,Department of Law, KazerunBranch, Islamic Azad University, kazerun, Iran. Mahdis.s@iau.ir
2 .
Abstract
Introduction and Purpose: With the approval of the Law on Mandatory Official Registration of Real Estate Transactions on 1403/03/17, the responsibility of notary publics in controlling and verifying the accuracy of transactions has increased. The present research aims to investigate The Position and Role of Notary Publics in Concluding Real Estate Contracts, Considering the Law Mandating the Official Registration of Immovable Property Transactions Dated 1403.03.17Research Methodology: This research is descriptive-analytical and has been conducted using library and documentary sources. Registration laws, directives from the Country's Registration Organization of Deeds and Real Estate, and the viewpoints of legal experts have been reviewed and subjected to content analysis.
Findings: The results indicate that the implementation of the Mandatory Official Registration Law has led to increased transparency in real estate transactions, a decrease in informal contracts, and the prevention of disputes arising from unofficial documents. By effectively playing their role in verifying the identity and legal capacity of the parties, examining registration records, and adhering to legal requirements, notary publics have a deterrent effect on the occurrence of crimes such as forgery, sale of others' property, and fraud. However, the findings also suggest challenges in the law's implementation, including a lack of continuous specialized training for notary publics, weaknesses in technological infrastructure (especially in systems like SANA and the Electronic Document Registration System), and a lack of public awareness regarding the necessity of official transaction registration.
Conclusion: The Law on Mandatory Official Registration of Real Estate Transactions is an effective step towards reducing litigation and stabilizing legal security. However, addressing executive deficiencies through specialized training for notary publics, improving technological infrastructure, and coherent supervision by the Registration Organization is essential to further strengthen the role of notary publics in achieving registration justice and preventing property disputes.
 
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