Document Type : Original Article
Highlights
Preparation of car ownership document in Iranian law; police
or a notary
In Iran, one of the relatively old disputes regarding car ownership is the issue of whether or not it is necessary to prepare their transaction document in notaries; Both in the theoretical field and in the judicial procedure, some people consider the document issued by the law enforcement force called the Green Leaf to be sufficient, while others make the official transfer conditional on the preparation of the document in the notary public office. In jurisprudence, what creates a contract is basically the compromise of the parties. accordingly, the effect of the transfer of ownership is the same as the conclusion of the contract.
One of the opinions regarding the transfer of ownership of a car is the need to register transactions for the transfer of ownership of a car in a notary public office. according to this opinion, the official transfer of car ownership at this stage means the preparation of the car transfer document in the notary public; No official transfer has taken place until the transfer document is set in this reference. This group gives reasons in justifying their opinion, Legal citation of this opinion is the words of Article 29 of the Law on Investigation of Driving Violations approved in 2010 and Article 2 of the executive regulations of this law; This citation has no legal basis; Because these provisions do not explicitly imply the need to prepare a notarial deed in notaries; Rather, the order of referral and the necessity of prioritizing the replacement of the license plate, including the issuance of a car ownership certificate in the name of the new owner (buyer or transferor) to refer to the notary offices, has been stated.
In strengthening this matter, the words "can" and "cooperation" should be mentioned in Note 1 of Article 29 of the mentioned law; The word "can" implies the authority of law enforcement, and the term "cooperation" is useful in this approach. police force itself is a government official and is structurally part of the government, and license plate replacement centers also operate in accordance with paragraph c of Article 1 of the Executive Regulations with the permission and under the supervision of the police force.
Also, according to Article 22 of the Amending Law on the Law on Transportation and Transit of Foreign Goods through the Territory of the Islamic Republic of Iran, approved on 2009-8-29, the law enforcement force of the Islamic Republic of Iran is responsible for issuing driving licenses, ownership documents and license plates in the territory of the Islamic Republic of Iran. replacement of the license plate, subject to Article 29 of the Law on Investigation of Traffic Violations, has a guaranteed implication on the change of ownership of that vehicle within the scope of competencies and also among the legal duties of the law enforcement force.
In order to avoid the inconvenience of the legislator in transactions, the principle is that there is no need to prepare an official document, and according to Articles 46 and 47 of the Law on Registration of Deeds and Property, official registration of documents is optional and mandatory cases are limited to specified cases.
According to Article 1287 of the Civil Code, the car ownership document issued by the law enforcement force is considered an official document; The preparation of this document is in accordance with the regulations and within the competence of the issuing authority. Because according to Article 22 of the amendment to the Law on Transportation of Foreign Goods through the territory of the Islamic Republic of Iran, the issuance of ownership documents and vehicle documents is one of the legal duties of the police force The beginning of Article 29 of the Law on Investigation of Driving Violations also applies to official documents and is not assigned to official documents regulated by notaries. This regulation does not imply the monopoly of this matter in the office, and this does not negate the invalidity of the ownership document issued by the police.
"Unanimous decision No. 1863 dated 2021-2-20 of the Court of Administrative Justice based on the annulment of paragraphs 2 and 3 of Circular No. 147204/94 dated 2015-11-18 of the Deputy Minister of Documents and Real Estate also to bind the power of attorney to change the license plate to "Transferring in notaries is against the relevant laws, including Article 30 of the Law on Notaries and the Association of Registrars and Clerks."
In addition to the problems caused by costing and creating inconvenience and waste of time and energy for the interlocutors, the negative approach of the theory of the necessity of their referral to notaries despite the issuance of a car ownership document called the transfer by the police, creating grounds for issuance Official documents are conflicting, this leads to a conflicting approach and weakens the position of official documents and reduces the relative trust in these documents. The obligation of interlocutors to prepare a document in notaries has no legal basis and rational justification, which leads to a costly and time-wasting approach to society, the difficulty of transactional relations and, consequently, social welfare.
