DEBT MORTGAGE IN IRANIAN LEGAL SYSTEM

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SHOKRI FARIDEH

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Journal Paper

Paper Information

Journal: THE JUDICIARY’S LAW JOURNAL Year:2011 | Volume:75 | Issue:75 Page(s): 75-112

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Information Journal Paper

Title

DEBT MORTGAGE IN IRANIAN LEGAL SYSTEM

Author(s)

SHOKRI FARIDEH | Issue Writer Certificate

Keywords

MORTGAGEQ2

DEBT MORTGAGEQ2

COLLATERALQ2

RECEIPT OF COLLATERALQ2

CIVIL ACTQ2

Abstract

The viewpoint of the most Imamieh jurists is that the COLLATERAL must be a on real object and be handed to the MORTGAGEe and the debt must be a fixed debt. Accordingly, they rescinded the MORTGAGE of the debt & interest. This is the same standpoint prescribed by legislator in Iranian civil code. In the recent years, the credit transactions were increased, remarkably and the borrowing process for commercial activists were facilitated and following them, in some Act and regulations governing on bank affairs, contrary to CIVIL ACT order, the MORTGAGE of cases not to be a real object like debt MORTGAGE has been recognized. Irrespective of difference in standpoints among law authors in explanation and/or illustration of MORTGAGE order, it seems that in view of the requirements of CIVIL ACT, the priority of MORTGAGEe effects on such contracts such as debt MORTGAGE can be recognized till it is not inconsistent with the rights of other creditors, otherwise in case of inconsistency, the priority of MORTGAGEe in such MORTGAGE in respect of other creditors is considered as cancelled.

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APA: Copy

SHOKRI, FARIDEH. (2011). DEBT MORTGAGE IN IRANIAN LEGAL SYSTEM. THE JUDICIARY’S LAW JOURNAL, 75(75), 75-112. SID. https://sid.ir/paper/138004/en

Vancouver: Copy

SHOKRI FARIDEH. DEBT MORTGAGE IN IRANIAN LEGAL SYSTEM. THE JUDICIARY’S LAW JOURNAL[Internet]. 2011;75(75):75-112. Available from: https://sid.ir/paper/138004/en

IEEE: Copy

FARIDEH SHOKRI, “DEBT MORTGAGE IN IRANIAN LEGAL SYSTEM,” THE JUDICIARY’S LAW JOURNAL, vol. 75, no. 75, pp. 75–112, 2011, [Online]. Available: https://sid.ir/paper/138004/en

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