Document Type : Original Article
Author
phd in private law,university of Tehran,Farabi College
Abstract
Since 2010, with the enactment of the Fifth Development Plan, the transformation of Iranian registration system has been regarded as a key policy objective within the national legislative framework. However, an examination of the legislative process indicates that whenever the notion of registration system transformation has been addressed, the legislature has predominantly pursued two major strategies: “digitalization of the registration system” and “detachment of the Registration Organization from the judiciary.” Despite these efforts, the transformation of the registration system has not been successful due to the focus on the unity of the registration authority. This raises a central question: What impact would a shift in perspective from an organization-centric to a process-centric approach have on the transformation of Iran’s registration system?
This study, employing a descriptive-analytical method and based on desk research and documentary research, provides a comparative examination of the organization-centric and process-centric approaches in the structure of Iranian registration system and advanced legal systems. The findings indicate that the primary issue is the predominance of the organization-centric perspective, in which the Registration Organization, as a single centralized entity, serves as the focal point for designing rules and processes, while the specialized functions of the various registration domains are overlooked. The study proposes that adopting a process-centric approach and establishing multiple specialized registration authorities in each domain—real estate, companies, industrial property, notarial documents, and enforcement of executory instruments—can enhance property security, the legal identity of individuals, and the economic and operational efficiency of the registration system.
Keywords