نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The voluntary registration of movable property transactions in notary offices is a new mechanism for facing the challenge of legal security in the circulation of material wealth. This study, using a descriptive-analytical method and a comparative approach, examines the foundations, legal effects, and implementation obstacles of this institution in the two legal systems of Iran and France. The findings show that both systems, by going beyond the traditional rule of "ownership based on dominance" for movable property, have accepted official registration for important instances (such as vehicles, aircraft, and ships) in order to grant advantages such as superior evidentiary power, definitive date, and citation ability against third parties. However, this commonality in goals faces fundamental differences at the implementation level. The French legal system, with its coherent legal support (such as the February 21, 1994 law for automobiles) and integrated digital infrastructure (MIN system), has transformed this institution into a smooth administrative process. In contrast, the Iranian legal system faces profound structural challenges, including fragmentation and ambiguity in laws (Article 22 of the Notary Law and scattered laws), the lack of a unified national system, and a weakness in the general legal culture, which has reduced the efficiency and popularity of this institution. Finally, by analyzing these comparative aspects, this article presents suggestions for Iran at three levels: legislative (drafting a comprehensive law), technological (creating a basic system of property ownership), and cultural (public education).
کلیدواژهها English
