نوع مقاله : مقاله پژوهشی
1 دانش آموخته مقطع کارشناسی ارشد رشته حقوق ثبت اسناد و اموال، دانشگاه آزاد اسلامی واحد بیرجند
2 استادیار دانشکده حقوق دانشگاه آزاد اسلامی واحد بیرجند
عنوان مقاله [English]
Deeds and property registration services are one of the most important aspects of providing public services, which should never be delayed or closed. In this regard, the notary public alternative institution is looking for a way to ensure the acceleration and continuity of public services so that the said services are not solely dependent on a specific person. The question that arises here is what is the structure of the appropriate legislative approach in the field of the notary public alternative institution. In response, it is stated as a hypothesis that the identification of the field of intervention, transparent and appropriate to the position of public service provision, forms the structure of the appropriate legal system in this field. In this regard, the studies and explorations carried out in this research show that Iran's legislator has not chosen a transparent and proportionate approach in the field of the notary public alternative institution. Thus, determining the scope of ambiguous jurisdiction and not recognizing the necessary independence is considered to be one of the most important harms of the Iranian legislative system in the field of notary public sponsorship. On the other hand, by identifying and establishing a personal and corporate notary system, the French legislator has been able to eliminate many shortcomings and inadequacies caused by the individual notary system. During this research, relying on the descriptive and analytical study method, an attempt is made to draw a suitable legislative system in the face of the mentioned institution by examining and comparing the performance of the legislative systems of Iran and France in the field of the notary public alternative institution.