The controversial circular of the registration organization was canceled/ What are the details of the circular?
According to Tejarat News, quoted by ISNAYou are reading the decision of the General Board of the Administrative Justice Court in this regard:
According to the note of article 131 of the law Registration of documents and real estate of the country (Addendum 5/26/1320): “Whenever the parties make a peace after issuing the execution and notification abroad, or make installments or give a deadline, or do not follow the execution period of one year, they will be jointly responsible for paying half tithe, and the person who as a result The joint responsibility pays the right of execution, he can collect it from the party who is legally responsible for paying the right of execution, by means of execution.
According to the ruling of this note, first of all: the ruling stipulated in the said note regarding the joint responsibility of paying the executive half-tithe depends, among other things, on the non-prosecution of the executive within a period of one year after the issuance of the executive, and basically regarding the closure of the case after one year. There is no ruling.
Secondly: According to paragraph “b” of article 113 of the five-year law of the sixth economic, social and cultural development plan of the Islamic Republic of Iran, the departments for the implementation of the provisions of the official documents are obliged to identify and seize the debtor’s property, and in case of inability to do so or failure to implement the provisions of the document Depending on the case, within 2 and 6 months, the obligee of the deed can withdraw from the implementation of the provisions of the document, and as a result, the closure of the case is basically not the subject of the sentence of this paragraph of Article 113 of the mentioned law, and the authority to pursue the implementation or withdraw within the prescribed time period rests with the obligee or the beneficiary. The document has been handed over and on the other hand, according to note 1, paragraph “b” of article 113 of this law, the executive regulations of this paragraph are proposed by the Ministry of Justice and with the cooperation of the organization Registration of documents and real estate of the country It will be prepared and approved by the Head of the Judiciary, that the above-mentioned by-laws under the title of Executive Regulations for the Identification and Seizure of Debtor’s Property in the implementation of the provisions of official documents in 2018 have been approved by the Head of the Judiciary and according to Article 8 thereof, after the expiry of the mentioned dates and deadlines (2) and 6 months) the enforcement departments will close the case at the request of the beneficiary without charging enforcement fees.
Thirdly: The regulations for the implementation of the provisions of the official documents in force and the procedure for handling complaints about the executive operations approved by the head of the judiciary in 2018 with the amendments approved in 2018 in the 11th chapter refer to the termination of the executive operations and do not include a ruling regarding the closure of the case with the expiration of the period. In addition, according to Article 168 of the Law on Enforcement of Civil Judgments approved in 1356: “If more than five years have passed since the date of issuance of the writ of execution and the defendant has not pursued the enforcement action, the writ of execution shall be considered ineffective and in this case, if the right to enforce has not been collected, it can no longer be collected.” will not be. The convicted person can again request the court to issue an enforcement order, but in the case of the enforcement of each sentence, the right to enforcement is received only once” and according to this, although the said regulation is a statement, it does not have a sentence like the sentence stipulated in Article 168 of the Law on the Execution of Civil Sentences. .
Based on the aforementioned and taking into account that the note of Article 131 of the Real Estate Registration Law only implies joint and several liability in case of non-execution within one year after the issuance of the executive order and does not have a ruling regarding the closure of the case and the authority to withdraw or pursue the implementation of the provisions. The official document in force in paragraph “b” of article 113 of the five-year law of the sixth economic, social and cultural development plan of the Islamic Republic of Iran has been handed over to the beneficiary and basically the possibility of closing the case without his will is not foreseen and even assuming that the sentence of paragraph “b” of the article 113 of the recently mentioned law is related to this matter, in Article 8 of the Executive Regulations for the Identification and Seizure of the Debtor’s Property, it is also foreseen to close the case with the request of the beneficiary and without charging the executive fee, and the Regulations for the Implementation of the Provisions of Official Documents in Force and the Procedure for Handling Complaints from the Approved Executive Operations In 2007, the Head of the Judiciary, with subsequent amendments, does not include a ruling regarding the closure of the case with the expiration of the period, Circular No. 1400/125449 – 18/7/1400 of the Organization’s Deputy for Document Affairs Registration of documents and real estate of the country which requires filing a new case with the beneficiary’s request and payment of executive costs, is against the law and beyond the scope of authority and is revoked based on paragraph 1 of Article 12 and Article 88 of the Law on Organizations and Procedures of the Court of Administrative Justice approved in 2013.
The General Board of the Administrative Court of Justice
Judicial Deputy of the Court of Administrative Justice – Mehdi Darbin