LEGAL STATUS OF THE TRANSMISSION OF THE MORTGAGED PROPERTY OR ITS BENEFITS BY THE MORTGAGER

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BAGHERI PARVIZ; MAGHSOUDI MORAD

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Journal: CIVIL LAW KNOWLEDGE Year:2016 | Volume:5 | Issue:1 (9) Page(s): 11-22

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Information Journal Paper

Title

LEGAL STATUS OF THE TRANSMISSION OF THE MORTGAGED PROPERTY OR ITS BENEFITS BY THE MORTGAGER

Author(s)

BAGHERI PARVIZ | MAGHSOUDI MORAD | Issue Writer Certificate

Keywords

MORTGAGERQ2

MORTGAGE PROPERTYQ2

TRANSFERQ2

LITERALQ2

BENEFITQ2

Abstract

The mortgaged property will be handed to the MORTGAGER after seizure. Consequently, the MORTGAGER may do transmissions on this property that result in its TRANSFER. Does the owner have the right to do such occupations on the mortgaged property or not? If the answer is negative then what will enforce the prohibition? Invalidity or Lack of Influence? If the answer is positive, then, is the application of this right absolute or it is bounded to the rights of the MORTGAGER? The answer to these questions lies in the dimension of the MORTGAGER possession to the mortgaged property. The Iranian legislator declares the scope of this possession in the Articles 793 and 794 of the Civil Code. However, the Civil Code does not propose a clear scale for the issue. Article 793 suggests “loss” as the only legal obstacle to the MORTGAGER to do so. At the meantime, Article 794 states that the “benefit” in the mortgageis an essential factor for the possession. Therefore, apparent contradiction between these two Articles and lack of a uniform scale in interpreting the terms of “loss” and “benefit” in the mentioned Articles, raise various and contradictory opinions among the judges of the courts and legal scholars. The present paper tries to find answers to the questions and to clarify the ambiguities of the era.

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APA: Copy

BAGHERI, PARVIZ, & MAGHSOUDI, MORAD. (2016). LEGAL STATUS OF THE TRANSMISSION OF THE MORTGAGED PROPERTY OR ITS BENEFITS BY THE MORTGAGER. CIVIL LAW KNOWLEDGE, 5(1 (9)), 11-22. SID. https://sid.ir/paper/245947/en

Vancouver: Copy

BAGHERI PARVIZ, MAGHSOUDI MORAD. LEGAL STATUS OF THE TRANSMISSION OF THE MORTGAGED PROPERTY OR ITS BENEFITS BY THE MORTGAGER. CIVIL LAW KNOWLEDGE[Internet]. 2016;5(1 (9)):11-22. Available from: https://sid.ir/paper/245947/en

IEEE: Copy

PARVIZ BAGHERI, and MORAD MAGHSOUDI, “LEGAL STATUS OF THE TRANSMISSION OF THE MORTGAGED PROPERTY OR ITS BENEFITS BY THE MORTGAGER,” CIVIL LAW KNOWLEDGE, vol. 5, no. 1 (9), pp. 11–22, 2016, [Online]. Available: https://sid.ir/paper/245947/en

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