Volume 15 - Legal Innovation
MLJ 2021, 15 - Legal Innovation: 815-828 |
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Fatemian A M, Hassani A, Khajehzadeh A. Improving the performance of the Supervisory Board and the High Registration Council In the light of the principles of fair trial and transnational civil procedure. MLJ 2021; 15 :815-828
URL: http://ijmedicallaw.ir/article-1-1355-en.html
URL: http://ijmedicallaw.ir/article-1-1355-en.html
1- Semnan Branch, Islamic Azad University, Semnan, Iran
2- Department of Private Law, Damghan Branch, Islamic Azad University, Damghan, Iran
2- Department of Private Law, Damghan Branch, Islamic Azad University, Damghan, Iran
Abstract:
Background and Aim: The Supervisory Board, the subject of Article 6 of the Law on Registration of Deeds and Real Estate, as a reference for handling all disputes and registration errors, lacks a formal procedure and implementation of the current method, insists on shortcomings that do not help the country's judicial situation and law enforcement policy. In this article, we will seek to provide solutions for the fundamental reform of the organization and the review process of the Supervisory Board in accordance with the transformation document of the judiciary.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Results: It may be possible to take steps to expedite and facilitate proceedings with minor amendments, including the expansion of delegation, the establishment of multiple and specialized branches, the revision of executive regulations and registration directives. But shortcomings such as the lack of substantive involvement of the board in registration disputes due to lack of necessary tools, Impossibility of issuing final dissenting judgment, Lack of independence and complete neutrality, Weakness for right to a face-to-face and public hearing, Inequality in the use of defense facilities, Violation of the right to be heard by the defendants and the impossibility of the lawyer's involvement in the proceedings, The lack of codified rule of procedure.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: Effective changes can be made in a set when structural and normative reforms are designed and approved in parallel and in harmony. As a result, fundamental reforms are needed to address these shortcomings. Fundamental reforms, in turn, fall into two main categories: Reforms related to the organization of the supervisory board and other, amendments related to the review process by the supervisory board.
Cite this article as: Fatemian AM, Hassani AR, Khajehzadeh A. Improving the performance of the Supervisory Board and the High Registration Council In the light of the principles of fair trial and transnational civil procedure. Medical Law Journal 2021; Legal Innovation.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Results: It may be possible to take steps to expedite and facilitate proceedings with minor amendments, including the expansion of delegation, the establishment of multiple and specialized branches, the revision of executive regulations and registration directives. But shortcomings such as the lack of substantive involvement of the board in registration disputes due to lack of necessary tools, Impossibility of issuing final dissenting judgment, Lack of independence and complete neutrality, Weakness for right to a face-to-face and public hearing, Inequality in the use of defense facilities, Violation of the right to be heard by the defendants and the impossibility of the lawyer's involvement in the proceedings, The lack of codified rule of procedure.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: Effective changes can be made in a set when structural and normative reforms are designed and approved in parallel and in harmony. As a result, fundamental reforms are needed to address these shortcomings. Fundamental reforms, in turn, fall into two main categories: Reforms related to the organization of the supervisory board and other, amendments related to the review process by the supervisory board.
Cite this article as: Fatemian AM, Hassani AR, Khajehzadeh A. Improving the performance of the Supervisory Board and the High Registration Council In the light of the principles of fair trial and transnational civil procedure. Medical Law Journal 2021; Legal Innovation.
Keywords: Supervisory Board, Transnational Civil Procedure, Registration of Documents and Property, Fair Trial, High Council of Registration
Type of Study: Original Article |
Received: 2021/07/6 | Accepted: 2021/12/22
Received: 2021/07/6 | Accepted: 2021/12/22
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