The Role and Function of the Dispute Resolution Board in Registering Rural Property Documents from the Perspective of Legal-Ethical Principles of Fair Trial
Akhlāq-i zīstī i.e., Bioethics Journal,
Vol. 11 No. 1 (1400),
2 November 2021
,
Page 137-156
https://doi.org/10.22037/bioeth.v11i1.35401
Abstract
Background and Aim: In this article, while examining the registration rules of procedure of the committees subject to the Law on Adding Articles to the Law on Organizing and Supporting the Production and Supply of Housing approved in 2009 in the light of the principles of fair trial, the efficiency of this special administrative authority and its shortcomings will be considered, aiming to amend the law by the legislator.
Materials and Methods: The present research is theoretical and its method is descriptive-analytical. Also, the method of collecting information is in the form of library, which is done while referring to documents, books and articles.
Ethical Considerations: In order to organize the present study, while respecting the originality of the texts, the ethical principles of honesty and fidelity have been observed.
Findings: There are two different approaches to the principles of fair trial: the minimum approach and the maximum approach. The purpose of the minimum approach is that only the courts and dispute resolution authorities should adhere to the principles of a fair and just trial, but the purpose of the maximum approach is that all institutions and elements of government should put these principles at forefront of their work in order to play their roles. In the maximum approach, quasi-judicial institutions, such as registration dispute resolution boards, should also apply the principles of fair trial.
Conclusion: registration dispute resolution boards, In order to be able to play an inherent role in the true sense of the word, must have a written code of conduct. Summarizing the process of reviewing the boards to the executive regulations, has caused them to avoid entering into disputes and to consider the disputes as the duty of the judicial authorities, which is done after issuing a verdict and receiving protest from individuals.
Please cite this article as: Fatemian AM, Hassani AR, Khajehzadeh A. The Role and Function of the Dispute Resolution Board in Registering Rural Property Documents from the Perspective of Legal-Ethical Principles of Fair Trial. Bioethics Journal, Special Issue on Ethical & Legal Reflections 2021; 137-156.
- Fair Trial; Dispute Resolution Board; Rural Property Documents; Transnational Procedure
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