List of Articles نسخ ضمنی جزئی

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  1 - An Analysis of the Guardian Council Jurists’ View on Articles 22 and 48 of Registration of Deeds and Properties Act adopted in 1931 from the Perspective of Islamic Jurisprudence
  Ali Arefi Maskoni
  The purpose of the present study is to indicate that abrogating Article 73 of the Law on Registration of Deeds and Properties has been partially implied with paragraph 2 Article 16 of the Law on the Supervision of Judges’ Conduct, adopted in 2011, and Articles 22 More

  The purpose of the present study is to indicate that abrogating Article 73 of the Law on Registration of Deeds and Properties has been partially implied with paragraph 2 Article 16 of the Law on the Supervision of Judges’ Conduct, adopted in 2011, and Articles 22 and 48 of the aforementioned law have also been partially implicit as a consequence thereof. Descriptive-analytical method was adopted in the study and the results show that there is no need to invalidate Articles 22 and 48 of the aforementioned law. Therefore, the view of the jurists of the Guardian Council will be nothing but make the judiciary face a large number of closed files for retrial and violation of the rights of the official documents’ holders. Moreover, the jurists’ view has been raised with some objections since it is regarded as an ordinary law rather than a canonical supervision; therefore, it should not be adduced in any court. According to section (Article) 73 of the Constitution Act, jurists are not authorized to interpret the ordinary laws.     Manuscript profile