Document Type : research
Authors
1
Ph.D student of Private Law, Department of Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran.
2
Assistant Professor, Department of Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran.
3
Assistant Professor, Department of Law, Quds City Branch, Islamic Azad University, Quds City, Iran.
10.22034/ejs.2024.445457.1712
Abstract
Background and Aim: Mistake in authentication is one of the challenges of notary offices. The purpose of this article is to investigate the civil liability of the notary public due to the mistake in authentication in Iran's legal system.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: The findings showed that authentication, which means identification of the parties at the time of registration of transactions by notaries, is used in both natural persons and legal entities, and without it, it is not possible to conduct transactions in notary offices. In this connection, in the case of natural persons, there can be two situations, either the client himself appears at the notary office when the document is drawn up, or due to the doubts that the client has, such as cosmetic procedures, vision problems, hearing problems, His presence takes place with the agent. Regarding legal entities, there are two statuses: private law legal entities and public law legal entities, i.e. government institutions and companies.
Conclusion: If the notary registers an official document without verifying the identity of the parties, the case will be one of the examples of the second paragraph of Article 100 of the Registration Law, that a document that is registered without the presence of persons who must be present according to the law, is considered an example of forgery.
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