نوع مقاله : مقاله پژوهشی
حقوق، دانشکده حقوق و علوم انسانی، دانشگاه کاشان، کاشان، ایران.
عنوان مقاله [English]
Participatory performance of notary is not easy for the notary public due to the right to introduce a successor. Equal to the rules, heirs of the deceased notary or retired notary can make a qualified person introduce to the State Property and Deeds Registration Organization. In Participatory performance, it is feared that this right should become a bubble of the company's share and disappear. What is possible in a notary public company is the right to introduce a successor belonging to the company and crystallize for the partners in the form of the company's share. It is possible to find a solution by using the findings of comparative law and organizing participatory performance using descriptive-analytical method. Experience of participatory performance of French notary shows partners of Notaries Company do not always have special worries about points and as a result the right to introduce a successor is always with self. However, there are issues with the transfer of the company's share to the heir and a third party due to the need for a notarized privilege to enter such a company. It is enough to solve these problems that the buyer of the shares of such a company has a notary privilege or that at the same time the company's share and the notary privilege are transferred to a qualified person. But, partner of the notarized privilege holder company has its own concerns. Because notarized privilege for legal personality. To address these concerns is necessary for a partner who is forced to resign during his lifetime or with the dissolution of the company due to dissatisfaction. With the dissolution of the company, it is appropriate to exercise the right to introduce a successor in favor of its bringer, there is a way to regret his tomorrow. In the meantime, it is enough customer tax approved to transfer the right to introduce a successor to the company or partner is legal. In Participatory performance, customer tax approval is inevitable. Because the company's share is a real property and in a registered company, the customer is one of its components.