A Comparative Study of the Role of Notarial Offices in Regulating the Registration of Movable Property Transactions

Abstract

Movable property, due to its transferability and rapid circulation, constitutes a significant portion of private and commercial assets and plays a central role in economic transactions. Despite this importance, the lack of a comprehensive registration system for movable property transactions in Iranian law has led to frequent ownership conflicts, multiple transfers, and evidentiary disputes. In this context, notarial offices, as public institutions with legal authority and probative credibility, possess the potential to organize and stabilize movable property transactions. This study adopts a descriptive–analytical and comparative approach to examine the role of notarial offices in the registration of movable property transactions in Iranian law, while comparing it with the legal systems of France and Germany. The findings indicate that although official deeds in Iran enjoy strong evidentiary value, their effects in movable property transactions are largely confined to the contractual relationship between the parties and lack a public disclosure function. By contrast, French and German law integrate notarial offices into broader institutional frameworks that link official deeds with public or specialized registries, thereby ensuring transparency, legal certainty, and protection of third parties. The study concludes that enhancing the role of notarial offices in Iran does not require excessive formalism, but rather a redefinition of their institutional function and a structural connection between official deeds and registration or information systems. Such an approach can significantly reduce legal disputes and improve transactional security in the field of movable property.