Fars News Agency Legal and Judicial Department – Disagreement over the registration of car ownership documents in the license plate exchange and notary offices, or the issue of registration or non-recognition of the green card of the car is an issue that has become a serious challenge in recent years, but ultimately led to confusion. Is.
At the two ends of the dispute are law enforcement and notaries, who insist on their position with legal arguments. The law enforcement force believes that according to the law and the ruling of the Administrative Court of Justice, the green leaf of the car is an official document and there is no need to register the document in the notary public office. Be a car.
A circular that did not untie the knot
Last month, Attorney General Mohammad Jafar Montazeri took action to resolve the dispute in a circular addressed to the country’s prosecutors: “The green leaf of the car is a document of ownership!” A circular that some called the end of the ten-year dispute between the car deed and the green leaf.
However, less than a few hours after the Attorney General’s comment, Ali Khandani, the head of the Registrars’ Association, stated his opposition to the prosecutor’s directive: “We do not accept the Attorney General’s directive!”
10-year difference in Baharestan station
After these contradictory statements, this old dispute returned to the headlines of the media. However, in a situation where it was expected that following the letter of the Attorney General in approving the recognition of the green card of the car, the officials of the judiciary would also support this position; In a statement, Khodaeian, a spokesman for the Judiciary, said that the Attorney General’s letter of intent showed disagreement over the law and said: In my opinion, it is better to solve this problem through the parliament; Because of disagreement about Article 29 of the Law on Investigation of Driving Violations, approved in 2010 The interpretation of the ordinary law is also the responsibility of the Islamic Consultative Assembly, which must be asked for an interpretative opinion in this regard, and we must act according to the opinion of the Assembly.
Parliament should solve the problem faster
Hojjatoleslam and Muslimeen Mohseni Ejei, the head of the Judiciary, on the sidelines of his visit to Qazvin a few days ago, confirmed the statement of the spokesman of the Judiciary and said: “Is there a law that the document issued by the police is enough or not?” Is there a reason for owning that car or not? There is a difference and the law can be interpreted and both sides have arguments and we have been asking the parliament to interpret it for some time and if the parliament responds to it faster, the problem will be solved.
The referral of the decision on this dispute to the interpretation of the Islamic Consultative Assembly is based on Article 79 of the Constitution Explaining and interpreting ordinary laws is within the competence of the Islamic Consultative Assembly According to that, the Islamic Consultative Assembly can interpret that law in a process in case of ambiguity.
The law specifies the task!
Musa Ghazanfarabadi, the head of the Judiciary and Legal Commission of the parliament, said following the request of the head of the judiciary for the parliament to decide on the green leaf of the car and the people’s expectation that the parliament would decide on the law as soon as possible. Car documents are not registered in the power of attorney registries and people only need to issue a green card from the police, this problem has been created.
He continued: “It should be clarified now that the license plate should be changed and the green leaf should be obtained by representation in the license plate exchange centers, otherwise it should be done by the notary public registration offices and there is no problem in this regard.” In the current situation, any person can either register the car document in his own name by referring to the notary public registration offices, or he can receive the green license plate of the car in the license plate replacement centers.
The head of the Judiciary and Legal Commission of the Majles, referring to the entry of the Judiciary and Legal Commission of the Majlis, to resolve the existing ambiguities regarding the manner of transferring the car document, emphasized: Let’s put. At the same time, we request the Research Center of the Islamic Consultative Assembly to submit a report in this regard to this commission and to provide a solution for it in order to achieve a desirable result.
The law is not ambiguous, but an inquiry has been prepared
Seyed Kazem Delkhosh Abatari, the spokesman of the Parliament’s Legal and Judicial Commission, in an interview with Fars News Agency, emphasized the clarity of Article 29 of the Law on Investigation of Traffic Violations and said: “We believe that the law is not ambiguous and the legislature Has specified the duty of notaries.
He added: “Article 29 of the Law on Investigation of Driving Violations states that the police check the authenticity of the vehicle, the identity of the owner, the payment of fines and overdue debts and the replacement of license plates and issue a green card, but the transfer of the vehicle document is with notaries.” .
The spokesman of the Judiciary Commission of the Islamic Consultative Assembly said: “However, considering the atmosphere that has been created, we.” We have prepared an inquiry about this article And we will give it to the presidium of the parliament soon and the details will be determined by next week.
Therefore, it seems that after more than 10 years of disputes over the official document of the car and the confusion of the people, this issue is finally to be resolved in the way provided by law. It remains to be seen when the Islamic Consultative Assembly will be able to put an end to the old dispute by passing a clear interpretation of the law in the context of reviewing various plans and bills.
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