Nasrin Tabatabai Hesari

University of Tehran | UT · Faculty of Law and Political Sciences

The " Booking Principle " as the link between "registration" and "validity” or opposability of land transactions" is one of the fundamental principles of the land registration systems that have been subject to exceptions, such as transfers based on inheritance, in the most registration systems, including Iran and raises questions; including what ty...

Establishing "information transparency and guarantee of credit" in transactions with movable collateral has caused legal systems to pay attention to the legal registration technique. Although the movable property has a greater share in the asset portfolio of individuals, there is no desire to conclude movable collateral transactions, especially by...

The “Business registration “ is a mechanism for identifying merchants and distinguishing them from non-merchants that has been the focused by the legislators of the Civil Law countries due to its especial legal effects for ensuring transaction security. However, different countries based on their needs assessments and their fundamental foundations...

The status as a quality that the legal system of any country has determined for a legal entity is one of the important issues for monitoring legal entities. In this regard, the existence of an integrated system of "monitoring and identification of legal entities" in Iran and the international system is one of the mechanisms that have been put forwa...

Anonymous Shell Companies as a tool for economic criming such as forgery, fraud, tax evasion, money laundering, terrorist financing, etc. have become widely developed in Iranian recent years and this has not only affects the country's judicial system;But also has led to disruptions in the country's tax system, the banking system, and the customs sy...

In the initial Land Registration System, where the Land is registered for the first time, there is a ground for making strategic decisions in the social contract between the “Government” and the “Owners” in entering the initial registration system and choosing its type, Therefore, analyzing their relationships without considering the economic theor...

"Comparative writing holds a significant position within the literature on land registration. However, a notable limitation of these works is their tendency to approach comparative analysis one-dimensionally, often focusing solely on the impact of registration on land transactions. Since 2020, with the commencement of the national project titled '...

Ship registration is one of the registration systems that has been considered by legal systems since ancient times. The private dimension of this registration system in the light of registration of ownership and other rights, along with the public dimension of granting citizenship to the ship, have turned the ship registration into a private-public...

The expansion of urbanization,raised raised the issue of housing and construction development as a necessity.In this regard, the legislator, by creating a contract called pre-sale of buildings, in addition to facilitating access to affordable housing, helped finance construction projects. However, the pre-sale contract is like a sapling that simply...

The historical foundations of the establishment of a notary institution, have led to the special nature of this legal institution. The special legal nature of the notary institution has a direct impact on the regulatory legislations and regulations in this scope. The legal nature of the notary is different in the Latin and public notary systems, wh...

Information transparency in the context of Companies is regarded as a means of achieving economic security in both micro and macro dimensions. For this reason, the legal systems, considering the access to this information necessary, established the Companies’ Registry systems; However, these systems do not have the same approach in terms of informa...

The existence of a coherent registration system is the premise of ensuring the security of real estate transactions and maintaining the stability and order in their legal status. Whether a secondary real estate registration system, registering transactions involving registered estates, is necessary and how its implementation must be guaranteed is o...

Companies registration system as the only specialized entity in the field of companies information has the dual function on registering information. In the domain of identity information, provide an unchangeable certainty of corporate identity, is the aim of the system; while in the field of status information, establishment of information symmetry...

The difference in the nature of the notary institution in the two systems of "Latin Notary" and "Notary Public" has led to differences in the legal principles governing the behavior of notaries and as a result, differences in the legal effects of this institution in these two notary systems. Therefore, it is necessary to study the difference in the...

Land Registration as a system of consolidation of land ownership is always subject to errors that, if they lead to incorrect registration in the real estate registry, constitute Systemic Errors and can harm third parties. In England Land Registration act 2002 and its subsequent amendments, a special legal regime has been recognized to compensate fo...

“Declarative Function is one of the expected legal functions of all "Companies registration systems”. But the interpretations of this Declarative regime in due to the lack of clarity of concept of “Confidentiality” in company’s information has been unable to answer the question of how companies registration interact between "access to information"...

The difference between the two legal systems of Civil Law and Common Law has led to the formation of two different notary systems, which in the legal system of Civil Law is referred to as the “Latin notary system” and in the legal system of common law as the “Notary public system”. despite the common historical roots of both notary systems, Studies...

“Declarative Function is one of the expected legal functions of all "Companies registration systems”. But the interpretations of this Declarative regime in due to the lack of clarity of concept of “Confidentiality” in company’s information has been unable to answer the question of how companies registration interact between "access to information"...

Lawsuits about real estate of Public universities are among the most frequent lawsuits in the Administrative Court of Justice. The existence of contradictory regulations that do not provide a single understanding of the nature of these real estates (private, public or government) is always the main reason for filing these lawsuits, which has also l...

The sovereign nature of the registration system has included them in the public domain and run by the public sector and through civil servant. The idea of "shrinking the state" and "increasing the regulatory role of governments" has led to the idea of privatizing registries, one of the proposed ways of privatizing is to do the registrar's work with...

“Declarative Function is one of the expected legal functions of all "Companies registration systems”. But the interpretations of this Declarative regime in due to the lack of clarity of concept of “Confidentiality” in company’s information has been unable to answer the question of how companies registration interact between "access to information"...

The need to provide "declarative function" as one of the legal functions of the registration systems all over the world on the one hand, and the desire to create e-government on the other hand, has led that countries Pay attention to information technology in the registration systems. The matter is “how is information technology affecting on the de...

Nowadays, Companies Registration in different legal systems are considered as a developed organization which besides undertaking the registration of the company as the final stage of establishment (administrative dimension), has the responsibility of providing information symmetry with the internal and external stakeholders (contractual dimension)...

Introduction: Numerous international documents have indicated equality between men and women as regards the entitlement of the social security benefits. In Iranian law, despite the constitutional emphasis and despite all efforts made to achieve equality in this area, we still see inequalities between men and women in reaching the benefits of social...

The goal of any industrial property registration system is to provide a tool for “accurate information" and "protection". These two functions of the industrial property registration system are called "the right to information". Various systems exist in the initial stage of registration, as well as the recording of subsequent changes and transfers o...

A comparative study of various legal systems suggests that in some countries the register authorities are dependent on the "judicial system", and in others, it is dependent on executive and administrative systems. This raises this question that what is the reason for this difference and how this difference will affect the legal system of the countr...

In recent years, in order to expand the scope of equality between men and women in social security in international law, equalizing the retirement age for men and women and eliminating gender differences (increasing the age of men) in most developed countries has been considered. The domestic legislature is also proposing pensions and pension insti...

Social Security Organization is the most important organization of Social insurance in Iran that provides economic security for Insured persons and it has an important role in improving indicators of social welfare and social development. However, the organization's status in the Iranian legal system and scope of services expected has not been dete...

The identification of legal entities and determination of their legal status, as an introduction to creating "transaction security", in contracts with companies, is one of the issues that increasingly being considered by governments and intergovernmental organizations. It has led the governments to care of registration as a means to ensure the stab...

The principle of "the responsibility of the employer to pay the premiums," is an accepted principle in contributory social security systems. The principle in the Social Security Act, together with the legal principle of "responsibility and commitment of social security organization in front of insured for non-payment or delay in payment of premiums...

The challenge between international law and Iranian legal system has been a controversial issue. These challenges are related to the incorporation and implementation of international obligation have been faced various difficulties. reserches show that only a limited direct use can be made of international law in Iran. Consequently, this issue has i...

The frequency of sexual offences, particularly of rape against women, has become an issue of major concern for the police, the courts, the government and non-governmental organizations. Often, incidents of rape remain unreported, both in developed and developing countries. This is also the case in Muslim countries such as Iran. Interpretations of t...

Abstract: Real estate is the most important economic asset of any society that its entry into the economic cycle has a considerable impact on the development of the country. Stability of real estate rights have effect on the owner's ability on entry its real estate to economic cycles. This stability will motivate investment in real estate section....

Ensuring the Security of industrial property rights transactions, Securing of third parties and preventing of opponent dealings has caused that legal systems of the world pay attention to the role of registration systems in these transactions and consider two “declarative” and “protective” functions of registration systems. A comparative study of n...

The topic of recording real estate transactions and the documentation of the rights of all parties is a controversial topic under the Iranian recording system. One of the functions of the recording system is “assuring security” regarding the stability of real estate property transactions, which can affect the rights of third parties as well. “Secur...

Privacy is one of the important parameters to support personal freedom and rights that should be provided on the basis of both international and domestic law. Lack of privacy in the court process and police investigation is the major complaint of victims of sexual offences and their family and relatives. Open investigation, the request to explain d...

Abstract: The efficient legal system in all scopes- including land (real estate) that is the most important capital after manpower in any society- is introduction of economic development. There is the fact that "land registry system" is the legal system that support land property rights in the world, therefore it is necessary identifying "economic...

Guaranty of security of juridical act about lands is a more important difficulties in every country. Disregarding the independence of land registration system from the system of civil law –in enactment, interpretation and amendment of the land registration rules- and disregarding bases and functions of land registration system has resulted in makin...

Abstract: Independence of land registration system from the system of civil law –in enactment, interpretation and amendment of the land registration rules- has been ignored in some legal systems such as Iran. Disregarding the importance of the independence has resulted in making mistakes by judicial doctrine and precedent in order to propose proper...

Abstract: Access to exact and reliable information about the land and knowledge of legal situation of land during of transaction is very important. The person that wants acquire a land, he spends charges for achieving of information but sometimes these efforts don’t result to consequence and it is possible that transferee confronts whit person who...

Abstract: the system of land registration is protective formalism that is formed based on the theory of “public confidence”. This theory presumes that what reflected by the land registration offices is based on the legal fact. This theory, which provides legal stability and security in transactions, is manifested in three guiding principles includi...

Abstract: Registration institution is important institution that guarantees economic and legal security. Human societies always noted this point and then created several registration systems and practiced one of theses for achievement to the security. But lack of attention and knowledge about effects and aims of registration real properties and the...