The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Jurisdiction of the Police Command of the Islamic Republic of Iran in transferring the ownership of motor vehicles (with emphasis on the 1863 decree of the Administrative Court of Justice)

Document Type : Case Study

Authors
seyede Fatemeh Faghihi 1
mohammad javad Azad 2
1 Department of Law, Faculty of Humanities, Hazrat Masoumeh University, Qom, Iran
2 MA. in ( Public Law)& Monitoring and evaluation office expert, Hazrat Masoumeh University, Qom, Iran
10.22034/mral.2024.2021186.1574
Abstract
The approval of Article 29 of the Traffic Violations Law (1389) was the beginning of a ten-year dispute regarding the competent authority for the transfer of motor vehicles, between the two public institutions of the Organization of Deeds and Real Estate and the Police . The General Board of the Court of Administrative Justice on 12/24/1999 by issuing decree N.1863 ruled out the requirement to refer to the document registration organization in the transfer of vehicles, and this decision came into being a new approach in the authority to issue and register ownership documents by an authority other than the document registration organization. While explaining the legal documents presented by the parties in the aforementioned case, this article analyzes and evaluates this issue from the point of view of the administrative competence of Police Command in issuing ownership documents of motor vehicles.

The findings of the research are that although the issuance of the ownership transfer document by the police saves transfer costs and reduces administrative processes, but due to the rules of public law, especially the principle of incompetence, the police's jurisdiction is a supervisory jurisdiction and has no jurisdiction in Transactional legal acts and its registration.Therefore, the decree of 1863 of the Court of Administrative Justice is contrary to the principle of the rule of law and against the provisions of the law amending the law on the compulsory civil liability insurance of owners of motor vehicles against third parties and the law on dealing with traffic violations.
Keywords
"؛ administrative jurisdiction"؛ administrative court of justice"؛ motor vehicles"؛ notary offices"؛
"؛ police command"
Subjects
The Journal of Modern Research on Administrative Law
Volume 7, Issue 23
seventh year, 23th issue, ّsummer 2025
Summer 2025
Pages 381-401

  • Receive Date 28 January 2024
  • Revise Date 25 May 2024
  • Accept Date 18 June 2024