Abstract
In general codes of law of the countries including Iran there are special rights predicted for the owners of formal documents and other documents featuring formal document in order to accredit them and facilitate the business transactions. This is also considered as some sort of de-judicialization and the owners of such documents do no need to attend the courts as plaintiff and prove their claims and also they are not required to pass the formalities and the long procedures of trials and having such documents at hand they can refer to the notary enforcement circles or the notary public offices to take advantage of the rights justified for them therein. It is in this manner that they should first observe the rules of formal documents enforcement approved and ratified in the indispensable formal documents rules of procedure and the other sanctioned regulations. In the present study, the formative and the natural issues pertaining to the indispensable formal documents and the ordinary documents which can be enforced as ruled by the law (such as cheques) via the notary enforcement circles and transiently via the judicial courts will be investigated. The author’s intention of writing the present research paper has been, firstly, the elaboration of the legal principles and concepts of indispensable formal documents, explication of the formative and the natural issues related to the indispensable formal documents enforcement and the ordinary documents which can be enforced as decreed by the law, as well as the expression of the administrative formalities and the legal processes such documents are required to undergo in public notary offices (enforcement unit), and, secondly, the exposition of the study subject matter from the legal status perspective of documents enforcement through notary enforcement and, finally, there is this possibility that after a judicial writ of execution is issued the obliged individual or the third party may have objections regarding the judicial writ of execution issuance or the executive operations. Therefore, their objection rights should be accepted and taken into consideration regarding the judicial writ of execution or the executive operations based on the relevant statutory cases and this is analyzed in the fourth chapter of the present study. It is necessary to explain that justice ministry courts are sometimes qualified to deal with the objections to the judicial writ of execution issuance or operations and this is exactly the very topic of “special legal regime”.
Highlights
One problem contributing to the increase in the quantity of the legal lawsuits in the society and incurs the citizens and the society with costs is the ordinary ways of filing the documents and evidences
The enforcement of the indispensable documents via the public notary circles in contrast to the courts has advantages and disadvantages and the individuals sometimes prefer to refer to the judicial courts and in certain cases to the penal courts instead of referring to the notary enforcement offices and the opposite assumption holds true; to wit, the individuals prefer to refer to the notary enforcement circles instead of the courts in order for the contents of their formal documents to be administered
There were many problems and challenges regarding the discussed topic in regard of the formal and indispensable documents content enforcement before the enactment and codification of the general regulations of the formal documents contents enforcement authorized in 2008 because, though of a great importance, such documents used to be enforced via the Instruments and Landed Property Registration Authority law approved in 1931 and the general regulations enacted in 1976 both of which were replete with legal flaws and gaps
Summary
One problem contributing to the increase in the quantity of the legal lawsuits in the society and incurs the citizens and the society with costs is the ordinary ways of filing the documents and evidences. Some of the citizens suffice to the ordinary filing of the documents due to their inadequate awareness of such advantages and such a measure faces them to a great many of the problems in future; it seems necessary for them to get familiarized with such indispensable documents and the advantages that formal ways of filing documents may bring about for them. In article 1287 of Iran’s civil law, formal document is considered as the one which has been arranged in notary offices and/or public notary offices or the ones at the hands of other legal sources within their jurisdiction based on the law. Based on article 1292 of the civil law, for example, regarding the formal documents in a case where a formal document has been offered by an individual, there should be exercised no doubts and denial meaning that the individual cannot deny his own signature in the document unless it is proved by him that the document is a fake one
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