پژوهشنامه متین (Apr 2024)
A Comparative Study of the “Voluntary Dissolution of Online Registered Advocacy” in the American Law and Islamic Jurisprudence and Law with Special Reference to Imam Khomeini’s Approach
Abstract
The online registration of advocacy in Iran in practice is different from the past and has a new structure and follows new bylaws in the field of registration rights. There is no necessity for the awareness of the lawyer and client regarding the dismissal or resignation in the instruction for using E-deeds registration websites. In American Law, although the Law of the Notary Public has envisaged some rules regarding online registration, the issue of online registration of advocate and its dissolution has not been mentioned and has only mentioned some general rules. The prevailing viewpoint of the Imamiya jurisprudents and that of Imam Khomeini has similar approach with the instruction of the enforcement of notary instructions regarding the necessity of the awareness of the advocate. The nature of the voluntary dissolution of the advocacy from the viewpoint of jurisprudence and law has been comparatively studied in this research. The findings of this research show that with the establishment of the Online Registration System, and the significant issue of the announcement and explicit information of the client and advocate of dismissal or resignation or implementation of the delegated subject, in order to protect the security of the legal relations of the people and reduce legal disputes and remove the shortcomings of the Iranian legal system, the advocate and the client must be immediately informed through electronic notification about dismissal or resignation or withdrawal or any other issue related to the advocacy by improving the legal mechanisms through ADLiran.ir (Sana)Website. The third persons too should be able to receive information about the authenticity of the documents and deeds through the website of the State Organization for Registration of Deeds and Properties. Thus, the number of the deals that are carried out due to the lack of awareness of the advocate of his/her dismissal will be reduced and the number of legal lawsuits too will be reduced.
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