Legal requirement of electronic registration of notarial document in Iran and France Law

Document Type : Original Article

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Abstract

     By the inevitable advent of Information and Communications Technology (ICT) and setting of deeds in cyberspace, "Electronic Registration" of deeds is also essential. Meanwhile, it is necessary to show the realization conditions of electronic notarial document in regarding to special condition to be validity in the real environment and its impacts, and the place of notary public's office in the statute. With regard to the silence of legislator in the field of electronic notarial document, there is an effort to removing the legal gap through explaining the condition of enforcement of electronic registered deeds in the developed countries such as France and to make official electronic notary. The paper discusses the concepts and overview of deed then a comparative study is conducted on the nature of and the position of the electronic registration of deeds under Iran and French law. In conclusion, the legal requirements of electronic deed are two factors including applying electronic signature by a Notary and saving the electronic deeds in a central electronic archive.

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Academic Journal of Knowledge and Research of Law
Volume 3, Issue 2 - Serial Number 2
December 2014
Pages 75-98

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