چکیده:
Given the theory regarding the importance of the enforceability of certain official and ordinary documents without court proceedings and the issuance of any judicial ruling, which the Registration Law emphasizes, we have decided to discuss and examine the proceedings under the title of the execution of collateral and personal obligation documents. Generally, documents that have executive capacity—official and ordinary deeds—are divided into two categories: documents with collateral and documents without collateral, which consist of final payments, specific obligations, or the performance of a specific act. Based on the analysis of the subjects and the compliance of laws, regulations, and circulars related to the subject, as well as their alignment with other laws including the Civil Code and Sharia rulings, it can be concluded that increasing public awareness in this regard and encouraging them toward drafting official and enforceable documents in their private relations, along with the ease of executing the provisions of those documents without filing them in judicial courts, can significantly assist society in reducing judicial cases and the resulting consequences such as delays in justice and other issues faced by judicial courts. This process can serve as a powerful arm alongside judicial courts in upholding the rights of individuals in society.
خلاصه ماشینی:
Conclusion Documents that are enforceable through enforcement offices and registration departments must solely be requested for enforcement through those channels, and the beneficiary does not have the right to file a lawsuit in courts; however, Unification of Precedent Decision No. 12, approved on 1360/3/16 by the General Board of the Supreme Court, has stated in this regard: "Given that the judiciary is the authority for public grievances, therefore, except for what is exempted in the law, various types of lawsuits, including lawsuits related to official documents and enforceable installment receipts, are subject to hearing and investigation in judicial courts.
Based on the analysis of the subjects and the compliance of relevant laws, regulations, and circulars with the topic, as well as their alignment with other laws including the Civil Code and Sharia rulings, it can be concluded that increasing public awareness in this regard and encouraging them toward drafting official and enforceable documents in their private relations, along with the ease of enforcing the provisions of such documents without filing them in judicial courts, can significantly assist society by reducing judicial cases and their consequences, such as the prolongation of proceedings and other issues faced by judicial courts.
Article 17 of the aforementioned regulations also continues as follows: "The obligor is obliged to submit proof of their residence at the location they introduce as their new residence to the notary office or the execution department, and a receipt that relies" on a written document such as an official deed that indicates a change of residence, or a certificate from the local law enforcement within the country or a consulate or Iranian political agents abroad, shall not be given effect.
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