COMPARATIVE STUDY OF THE NATURE OF RECEPTION IN THE MORTGAGE CONTRACT

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SHAHBAZINIA MORTEZA; TAGHIZADEH EBRAHIM; Rezai Amin Mehdi

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Journal: PRIVATE LAW STUDIES Year:2018 | Volume:48 | Issue:3 Page(s): 529-548

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Information Journal Paper

Title

COMPARATIVE STUDY OF THE NATURE OF RECEPTION IN THE MORTGAGE CONTRACT

Author(s)

SHAHBAZINIA MORTEZA | TAGHIZADEH EBRAHIM | Rezai Amin Mehdi | Issue Writer Certificate

Keywords

mortgageQ1

suspensionQ2

effects of contractQ1

pending contractQ2

receptionQ2

Abstract

Traditionally, the bill on contracts has been disputed among lawyers and jurists. Popular opinion knows the reception as part of the elements of contract. Consequently, until the reception is not fulfilled, the contract is concluded and has no effect. But civil law is silent on the role of reception in mortgage contract. It must be noted that despite the articles 47, 364, 798 of civil law regarding the role of reception in devotion, sale of gold, and donation expressly considering the reception as an element of contract, without which the contract is not cancelled, such constraint is not seen about mortgage in the civil law. This silence arises from the ambiguity which analytically exists over the role of reception. In this paper, while reviewing various opinions, a new point of view has been taken to the subject. With analysis of the elements of the contract and the common intention of the parties we concluded that the reception in mortgage contract is, in fact, the suspension on the establishment of the effects of contract not one of the elements of the contract.

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APA: Copy

SHAHBAZINIA, MORTEZA, TAGHIZADEH, EBRAHIM, & Rezai Amin, Mehdi. (2018). COMPARATIVE STUDY OF THE NATURE OF RECEPTION IN THE MORTGAGE CONTRACT. PRIVATE LAW STUDIES, 48(3 ), 529-548. SID. https://sid.ir/paper/124651/en

Vancouver: Copy

SHAHBAZINIA MORTEZA, TAGHIZADEH EBRAHIM, Rezai Amin Mehdi. COMPARATIVE STUDY OF THE NATURE OF RECEPTION IN THE MORTGAGE CONTRACT. PRIVATE LAW STUDIES[Internet]. 2018;48(3 ):529-548. Available from: https://sid.ir/paper/124651/en

IEEE: Copy

MORTEZA SHAHBAZINIA, EBRAHIM TAGHIZADEH, and Mehdi Rezai Amin, “COMPARATIVE STUDY OF THE NATURE OF RECEPTION IN THE MORTGAGE CONTRACT,” PRIVATE LAW STUDIES, vol. 48, no. 3 , pp. 529–548, 2018, [Online]. Available: https://sid.ir/paper/124651/en

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