نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار دانشگاه تهران
2 قاضی دادگستری
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
One of the old problems of Iranian law is the conflict of competences that exists in practice between the organization of registration of documents and real estate and the judiciary. One of these cases, which is not ambiguous in the laws, but when it comes to an execution where disputes are considered, is when a document is executed, but one of the parties or a third party objects to the execution. In short, if the objection is about the issuing the execution, this matter is under the jurisdiction of the judiciary, but if the objection is about the execution itself, it is under the jurisdiction of the head of the local registry. The Supreme Court tried to resolve a dispute regarding the third party's objection to the execution of the document, according to judicial unanimity award number 784, but the investigation showed that the award not only did not resolve dispute, but also due to ambiguity. It may have caused more differences.If the dispute arises either from the third party or from the parties, it is related to the execution stage of the document and has an executive nature (according to the regulation of executive "operations"), it is within the jurisdiction of the head of the registry, but if the dispute is about the executive itself. or the dispute is quarrel , in this case, without a doubt, the dispute should be resolved in the court.
کلیدواژهها [English]
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