JURISPRUDENCE STUDY OF TRANSFEROR LAWFUL POSSESSION IN MORTGAGED ASSET

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SAFARI MOHSEN; YOUSEFZADEH SAMAD

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Paper Information

Journal: JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES Year:2012 | Volume:8 | Issue:28 Page(s): 79-98

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Information Journal Paper

Title

JURISPRUDENCE STUDY OF TRANSFEROR LAWFUL POSSESSION IN MORTGAGED ASSET

Author(s)

SAFARI MOHSEN | YOUSEFZADEH SAMAD | Issue Writer Certificate

Keywords

MORTGAGEQ2

MORTGAGED ASSETQ2

TRANSFER OF MORTGAGED ASSET'S POSSESSION SALE OF MORTGAGED ASSETQ2

VALIDITYQ1

INVALIDITYQ2

NULLQ2

PERMISSIONQ2

JUDICIAL PRECEDENTQ2

Abstract

The possession of transferor in MORTGAGEd asset is one of the discursive issues in jurisprudence Imamieh, civil law, and JUDICIAL PRECEDENTs. There are different opinions presented by the jurists in this regard, each of which has got many pros and cons. Chattered MORTGAGE is the patent possession of transferor of the MORTGAGEd asset. There are three theories of VALIDITY, lack of influence and INVALIDITY which are presented in this article regarding to this issue. It is attempted in this article to extract the theory which is consistent with the subject entity and the truth of the case, with consideration the judicially and legally, so that the problem of the diversity of judicial verdicts could be solved. Based on the above discussion, it is attempted to shed light on this issue that if the MORTGAGEr sells the MORTGAGE's property to third party after the fulfillment of the security agreement, what will happen to the contract of sale? Is that correct, non-affective or NULL? In this survey it is reasoned using legal texts that the law legislator in the matter on hand has followed the theory of NULLity of transfer in regard to the MORTGAGE property. This theory is exactly to explain the jurists' views. However It should be mentioned that the consequence of the NULLity goes only to the MORTGAGEe not to the parties of a contraction. Finally, the agreement between the buyer and the seller will have full effect by removing the legal impediment (The subsidiary security interest of the MORTGAGE) from the MORTGAGEd asset.

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References

THE SALE OF THE OBJECT PLEDGED BY MORTAGER FROM THE VIEWPOINT OF ISLAMIC LAW AND CIVIL LAW

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APA: Copy

SAFARI, MOHSEN, & YOUSEFZADEH, SAMAD. (2012). JURISPRUDENCE STUDY OF TRANSFEROR LAWFUL POSSESSION IN MORTGAGED ASSET. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, 8(28), 79-98. SID. https://sid.ir/paper/134217/en

Vancouver: Copy

SAFARI MOHSEN, YOUSEFZADEH SAMAD. JURISPRUDENCE STUDY OF TRANSFEROR LAWFUL POSSESSION IN MORTGAGED ASSET. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES[Internet]. 2012;8(28):79-98. Available from: https://sid.ir/paper/134217/en

IEEE: Copy

MOHSEN SAFARI, and SAMAD YOUSEFZADEH, “JURISPRUDENCE STUDY OF TRANSFEROR LAWFUL POSSESSION IN MORTGAGED ASSET,” JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, vol. 8, no. 28, pp. 79–98, 2012, [Online]. Available: https://sid.ir/paper/134217/en

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