Appeal against the Decisions of the Documentation Authorities: A comparative Study

Section: RESEARCH
Published
Mar 1, 2023
Pages
388-424

Abstract

The decisions of the documentation authorities may avoid the correctness when carrying out their duties, due to the error in applying the legal rules that the legislator required the documentation authorities to observe to preserve the rights of individuals from loss, which constitutes a departure from the principle of legality and a reason for appealing their decisions. However, the texts that dealt with the issue of appealing the decisions of the authorities The documentation was not characterized by clarity and accuracy. So, we can find that the Iraqi legislator has stipulated in the Law of Notary Writers the formation of a body to study the transactions that are referred to it by the Director General called the Consultative Body. Therefore, are the decisions issued by it binding or as a recommendation? Also, the appeal against the decisions of the notary public is before the administrative court, which leads to the reluctance of many people to challenge the decisions of the notary public because of the distance, just as the Iraqi legislator allowed the appeal against some of the decisions of the certification body without the other without a reason calling for this discrimination, So, we have presented a set of recommendations for the Iraqi legislator to deal with these problems.

References

  1. - Zidan, Dr. Ibrahim Sami, Civil Responsibility of the Notary between Theory and Practice (Comparative Study), New University House, Egypt - Alexandria, 2017.
  2. - Khalifa, Dr. Abdul Aziz Abdel Moneim, the effects of the appeal to cancel the administrative decision, I 1, the establishment of knowledge, Alexandria, 2011.
  3. - Al-Asadi, Ali Abdul-Ali Khashan, Authenticity of Electronic Messages in Civil Evidence, 1st edition, Al-Halabi Publications, Beirut, Lebanon, 2013.
  4. - Obeid, Mr. Mahmoud Ahmed, the mediator in explaining the law of documentation, I 1, National Center for Legal Issues, Cairo, 2011.
  5. - Al-Mahmoud, Judge Medhat, Explanation of the Iraqi Civil Procedure Law No. 83 of 1969 and its Practical Applications, Al-Atek Book Industry, Baghdad - Al-Mutanabi Street, 2011.
  6. - Mohamed, Mr. Mandi Hamza, General Theory of Documentation and Related Laws, Dar Al-Nahda Al-Arabiya, Egypt, 2018.
  7. Abbas, Dr. Nasser Mohammed, electronic means and its role in the contract of sale, without publishing house, without printing year.
  8. - Hamza, Ahmed, the provisions of documentation in matters of personal status, a letter submitted to the Faculty of Islamic Sciences at the University of Algeria, to obtain a master's degree in Islamic sciences, 2009-2010.
  9. - Burkan Karim, Electronic Documentation and Professional Responsibility of Documentation Authorities, Master Thesis submitted to the Faculty of Law and Political Science at the University of Colonel Akli Mohand Oulhaj, Bouira, 2015.
  10. - Al-Hadidi, Ali Obaid Awaid, Abuse in the use of the procedural right in the civil lawsuit, a masters thesis submitted to the Council of the Faculty of Law at the University of Mosul, 2007.
  11. - al-Jarjari, d. Fares Ali Omar, the fall of the right to initiate the judicial process comparative study, a research published in the Journal of Rafidain Law, issued by the Faculty of Law University of Mosul, No. 25, 2005.
  12. - Al-Dukhaili, Akram Tahseen, Legal System for Electronic Documentation, 1st Floor, Zain Publications, Beirut, Lebanon, 2018.
  13. - Musa, Dr. Mustafa Abu Mandour, Electronic Documentation Services, "Strengthening Trust and Securing Online Transactions", Comparative Study, Seminar on Legal Aspects of Electronic Transactions, Muscat, No Printing Year.
  14. Explanatory memorandum of the draft Guiding Law on International Judicial Cooperation, published on the Internet at:
  15. - Ruling of the Administrative Court of Alexandria in a case registered in the public registry under No. 4983 of 64 BC, issued on 24/6/2010, a judicial ruling (published).
  16. - Iraqi Electronic Signature and Electronic Transactions Law No. 78 of 2012.
  17. Instructions relating to the functions and divisions of the Department of the Book of Amendment No. (6) of 1999.
  18. Iraqi Civil Procedure Law No. 83 of 1969, as amended and in force.
  19. The Law on the Care of Iraqi Minors No. (78) of 1980 as amended and in force
  20. Iraqi Real Estate Registration Law No. (43) for the year 1971.
  21. The Fifth Amendment Act of the State 29.Consultative Council Law No. 65 of 1979.
  22. - Saad, Dr. Ayman, Electronic Signature, Dar Al-Nahda Al-Arabiya, Cairo, 2013.
  23. The Egyptian Electronic Signature Law No. 15 of 2004 in force.
  24. Executive Regulation of the Electronic Signature Law No. 109 of 2005.
  25. The Egyptian Documentation Law No. 68 of 1947.
  26. - Egyptian Documentation Instructions for the year 2001.
  27. Law on Trade and Electronic Commerce No. 83 of 2000 dated 9 August 2000.
  28. The Arab Guiding Law for Evidence of Modern Techniques, adopted by the Council of Arab Ministers of Justice by Resolution No. 771 / D 24-27 November 2008.
  29. French Decree No. 973 of 2005 and amending Decree No. 941 of 1971 regulating the work of the Book of Justice.
  30. French Decree No. 272 of 30 March 2001.
  31. French Decree of March 30, 2001 on the application of Article 1316-4 of the French Civil Code concerning electronic signature.
  32. - Mohammed ,Thamer Qasim, Explanation of the Law of the Book of Justice, Al-Maarif Press, Baghdad, 1978.
  33. - Al-Azzawi,Counselor Abdullah Ghazai Salman, Explanation of the Law of the Book of Adul (33) for the year 1998, i 2, House of Books and Documents, Baghdad, 2012.
  34. - Baklbash ,Dr. Sahar, electronic signature, knowledge facility, Alexandria - Egypt, 2009.
  35. - Kandil, Dr. Said El Sayed, electronic signature "What is it - a picture - an argument in proof between circulation and quotation", New University House, Alexandria, 2006.
  36. - Al-Tamimi, Attorney Firas Sami Hamid Mulla Jawad, justice writer, his duties and responsibility comparative study, i 1, Halabi human rights publications, Beirut - Lebanon, 2016.
  37. - Abboudi, Prof. Abbas, Challenges of proof of electronic bonds and the requirements of the legal system to overcome them, I 1, Halabi human rights publications, Beirut - Lebanon, 2010.
  38. Arab Laws:
  39. Egyptian Laws:
  40. First - Legal Books:
  41. Fourth: Websites:
  42. French Laws:
  43. http://www.avocatsdumaroc.com/ar/pdf/lois/expose-des-motifs.pdf.
  44. Iraqi Laws:
  45. References
  46. Second: Theses and Theses:
  47. Third: Seminars:
  48. V. Judicial decisions
  49. VI. Laws:
Download this PDF file

Statistics