According to News i reporter, Mehdi Najafpour, President of the National Association for the Protection of Consumer RightsThe respondents strongly reacted to the recent remarks of the head of the Association of Registrars and Clerks of the country regarding the issuance of a circular to the Public and Revolutionary Prosecutor’s Offices all over the country stating that it is not necessary to register the transfer of car documents in notary public offices. The country and the ruling of the Court of Administrative Justice.
According to Najafpour, the General Assembly of the Court of Administrative Justice, during the lawsuit No. 1863 dated 12/02/2013, finally issued a decision to annul paragraphs 2 and 3 of Circular No. 147204 of the State Property and Deeds Registration Organization, and on the other hand, the police force at the time of transfer of ownership After carrying out legal procedures, the car issues a title deed or the green card of the car in the name of the buyerSlowly, several laws, including Article 1287 of the Civil Code, Article 22 of the Transport Law, and Article 29 of the Traffic Violations Law, have placed the responsibility of issuing ownership documents and license plates on law enforcement, and the document issued by law enforcement to Recognizes. Article 47 of the Deed Registration Law also only mentions the requirement of registration for the transfer of immovable property; Not a car but a movable consumer good.
President of the National Association for the Protection of Consumer RightsPreviously, through letter No. 14001156 dated 1600/06/16, fromThe Attorney General appreciated the place, he added:
People in these bad economic conditions are under enough pressure and overpayment of mismanagement of some officials of the country, and with these costs, especially in the car market, the payment of fees and exorbitant fees to offices to transfer the car document is a fictitious act. And is considered unnecessaryIt is necessary to impose more costs on the household consumption basket and it should be prevented.
Najafpour asked the people not to go to the offices to transfer the car document in accordance with the law, the recent ruling of the Administrative Justice Court and the circular of the Attorney General, and if an office refuses to prepare a power of attorney under the pretext of registering the car document transfer. Report to this association or other regulatory authority.
Comments The head of the country’s notaries association AboutLegal consequences of not registering the document
The head of the Association of Registrars and Clerks considered referring to the notary offices to prepare the document for transferring the car after changing the license plate as a legal procedure and about the consequences.Pay attention to this action and warn only the green leaf of the car.
Ali Khandani In an interview with IRNA, he said about the transfer of the car document in the notary offices, referring to the ambiguities that have been created in this regard.:
The opinion of the Attorney General on the car document is contrary to the explicit text of Article 29 of the Law on Investigation of Traffic Violations, approved by the Islamic Consultative Assembly in 2010, while the circular is a ritual.Letters and instructions should be in line with law enforcement, not the other way around. Also, the decision of the Court of Administrative Justice and the letter of the Attorney General must be within the framework of the law and if a directive or procedureLetters and orders that are outside the scope of the law and something that is stated contrary to the explicit text of the law are not enforceable.
We still insist that Article 29 of the Law on Investigation of Traffic Violations, approved by the Islamic Consultative Assembly in 2010, is a completely transparent article, and the basis of the law is the preparation of an official document in notaries..
The law mayHe says that a process must be followed to prepare an official document, and that is to first go to the license plate exchange centers, where the authenticity of the vehicle, the identity of the owner, the payment of fines.Debts and arrears and license plate replacement.
After referring to license plate replacement centers, the law mayOwners of motor vehicles are required to prepare a transfer document at a notary public’s office. This is a complete process and it is exactly like inquiringReceive the necessary information from the municipality, property or social security and say this inquiryAre sufficient and there is no need to set up an official documentThat is the premise.
According to Article 29 of the Law on Investigation of Driving Violations and Articles 2 and 3 of the CodeThe executive letter of this law, which was prepared in 1391, requires individuals to go to notaries after changing their license plates, and this law is quite clear and transparent and does not need to be interpreted at all, although some have raised doubts in this regard.And have said that it has been said that a person is obliged to go to license plate change centers related to notariesBe or not.
The law is approved by the Islamic Consultative Assembly with very complex processesIs not optional; However, the laws may be ambiguous and according to Article 73 of the Constitution, the task of interpreting the law is the responsibility of the Islamic Consultative Assembly, so administrative, judicial and disciplinary authorities do not have the right to interpret the law..
The actions of notaries are in accordance with the law and the Association of Registrars and Clerks of the CollectionIt is 80 years old and law-abiding, and we believe that in this case, too, the situation should continue in accordance with the law, unless after this, the law is deemed in need of interpretation, and the Islamic Consultative Assembly should make the necessary interpretation in this regard and amend it. Apply.
Consequences of not referring to notaries and only the green leaf of the car
Khandani explained the consequences of not referring to notaries and only the green leaf of the car as a title deed and added:
In license plate exchange centers, the seller is prohibited from trading or abandoned, or even authenticates that are controlled in notaries.Not to be done with that qualityIt will also not be determined if the document is mortgaged or transferred to the heir.
There are several cases in which the green leaf is damagedAnd any of these cases, if they occur after the transfer and it is determined that these cases are not taken into account, with a simple lawsuit toThe convenience of a car green leaf can be undone, but this process reduces the risk of problems in notaries to near zeroSlowly.
Replacement centers take action to change the license plateAnd this action does not mean setting the document because the official document requires supplies and preliminaries for a car to have an official document, decisive and presentable to the judicial authorities. The document prepared in the notaries is not doubtful and denial and only a claim of forgery can be made..
In accordance with Article 29 of the Law on Investigation of Driving Violations, circularIssued by Ayatollah Amoli Larijani, the former head of the Judiciary in 2016, in this circular, the then head of the Judiciary instructed the courts to accept the official documents prepared in the notary offices as a title deed and the green leaf of the car is not considered a title deed.Be.
In terms of rank and position, the head of the judiciary has a higher position than the prosecutor and whoeverCan issue directives to courts across the country, is the head of the judiciary as the Attorney General to the ProsecutorIssued directives across the countryTherefore, the directive of the former head of the judiciary is in force, and this directive is in line with the law and in accordance with the expert opinion and review.Precise legal, judicial and legislative measures were taken.
Amounts received by notaries for document preparationIs in accordance with the law and the costs are specified. If the notary also wants to receive a higher fee, it is a violation and with itEncountersBe
Of course, I do not deny the financial benefit of this issue for notaries, but the share of notaries is 10 to 15% of the amount received for preparing the document, which includes the right of the notary, the assistant office, the notaries’ association and legal deductions. We are saying that if the order of the Attorney General is implemented, government rights will be violated.
Decreased government revenue, tax evasion, non-payment of registration fees and wastage of public funds will occur as a result of the prosecutor’s order.We believe that the Attorney General should work to protect government revenue.
The opinion of the Attorney General on the obligation to register the document in the office
Hojjat-ul-Islam and Muslims Mohammad Jafar Montazeri, Attorney General, 14 September in a letterO addressed to the prosecutorAnd the revolution all over the country, it was unnecessary to prepare a car document in notaries and warned that the objectionAre prosecutedTake. It is stated in this letter:
According to reportsReceipts and inquiries of some courts regarding the dispute between the State Property and Deeds Registration Organization (Registrar Association) and the law enforcement force regarding the mandatory or non-mandatory nature of car registration transactions in notaries publicرساند; Paragraphs 2 and 3 of Circular No. 127304/94 dated 27/8/2017 issued by the Property and Deeds Registration Organization, which stated the necessity of referring the parties to the transaction to register the car transactions in the notary public offices with the issuance of the 1863 lawsuit dated 12/3/2016. Dear Court of Justice, based on paragraph 1 of Article 12 and Article 88 of the Law on the Organization and Procedure of the Administrative Court of Justice approved in 1392, it has been annulled and has been registered and announced in the official newspaper on 1/10/1400, number 9804185..
Since the various articles of the law, including the Note to Article 14 and Articles 34, 35 and 37, and especially Articles 43 and 45, the rulings of the branches of the Court of Administrative Justice and especially the General Assembly in similar cases are binding on all administrative bodies and punish those who violate It is therefore considered the definitive use of the said lawsuit and the relevant laws; The green leaf of the car is considered issued by the manufacturing companies as a title deed and the car transfers are registered by registering the details of the interlocutors as well as the specifications of the car contained in the green leaf; It is unrestricted in traffic offices and there is no need to go to notaries unless the parties want to register it in the said offices.