The term in the Mortgage is presented in two formats,one is due to the deferred debt and the other is making the Mortgage contract temporal for the absolute debt. Although the jurists have considered the first one to be correct, this was not, in the strict sense of the word, making Mortgage contract temporal, and it is naturally out of the question, unlike the second form, which is invalidated by consensus. Of course, in jurisprudence and civil rights, in addition to consensus, other arguments have been presented to invalidate this. Among them are the requirement of a Mortgage contract, the result of its durability and subordination, the requirement of the literal meaning of the Mortgage, and similar cases. In this search, we are looking for an answer to this question: Is making the Mortgage contract temporal, correct and possible? For example, can money be Mortgaged for two years? Is there a legal basis for the time limit in the debt document? The civil law is silent on this matter, but some jurists have clearly considered the non-limitation of the term as one of the conditions for the validity of the Mortgage. The result of the discussion is that if the condition of making temporal is considered invalid due to the opposition to the requirements of the Mortgage contract, then the claimant's guarantee will be lost and it will become a normal demand. Therefore, considering the silence of the civil law and the conflicting nature of some issues in jurisprudence and the lack of a research background on this issue, the necessity of the present research becomes clear, in which, by focusing on the reliable sources of Imami law with the help of the library, the analysis of making Mortgage temporal will be maid, in the form of an additional condition. Considering the silence of the civil law in this matter, the present article, in a descriptive and analytical method, after examining the history of discussions in the works of jurists, criticizes each of the arguments presented and after making some considerations, finally, taking into account the requirements of the applications, the free will surrounding the contract, the principle of correctness, attention to the purpose of the Mortgage (creating confidence in the mortgagor and motivating the payment of debt in the mortgagor) and attention to the rational and case benefits of making contract temporal and legal logic, reaches the conclusion that the agreement on making temporal is correct and it does not conflict with its inherent qualities. At the same time, the alleged consensus on the invalidity of the Temporary Mortgage is not without controversy, and does not hold up against the evidence of the correctness of making temporal. In general, it seems that the presumption of invalidity or at least doubt in the correctness of making Mortgage temporal, in the Islamic and civil law, has led the regulators of these contracts to make the whole contract temporal, in such a way that the interests of the some bank contracts are secured, from the supposed problem of the timing. In fact, with this action, while the bank enjoys the rational benefits of Mortgage timing, they also distance themselves from this possible problem. Finally, it should be said that the timing of the Mortgage and its inclusion in the official documents, in Iran's legal system, not only does not face any obstacle, but considering its rational benefits, it is also compatible with the legal logic and customs of the society. On the other hand, the need to amend the laws and regulations of the legal system in order to make it more efficient requires that every research should include a section for presenting suggestions to the legislator. Based on this, it is suggested that, like the amendments made in some articles of the civil law, in the years after its approval, in order to clear any doubts, the correctness of the timing of the Mortgage should also be included in the text of the civil law, with the following content: "Article 794 bis (recommended): The Mortgage contract can be long-term and the condition of the Mortgage being long-term is not void. In this case, if the considered time comes before the payment of the debt, it is like that from then on, until the payment of the debt, the Mortgage guarantee is not considered and the debt is free of Mortgage. In this case, the agreement on making temporal, depending on the case, will be interpreted in line with the conditional will to guarantee religion and its belongings and related matters as much as possible. In any case, the conditional defendant can request the Mortgage after fulfilling all his obligations.

As it is clear from the title of this article, two kinds of contract should be concluded for the execution of Lend Mortgage, because the contract of Mortgage that is an accessory contract and is binding for the mortgagor ad voidable for the Mortgagee is concluded through making use of the result of a lending contract which is a voidable contract, such that the borrower submits the roperty that he has lent from the lender for profiting through a Mortgage contract to the Mortgagee (creditor) against his liability and the Lend Mortgage is hereby accomplished.The authenticity and title of the juridical relation between the burrower and lender through a lending contract in the capacity of Mortgager in the contract of Mortgage as well as the existence and non-existence of relation between the lender and Mortgagee are of discuss points in this legal foundation that based upon the offered logic, the authenticity of the Lend Mortgage after the rejection of the opponent notions is confirmed and it is in compliance with the noticed principles.

Mortgage Backed Securities (MBS) are financial instruments that uses for banks financing in most countries. With ratifying Security Market Law in 2002, legal infrastructure provided for issuing such financial instruments in Iran. In designing any financial instrument, different aspects of financial design, jurisprudence, law, risk management, accounting and tax effects should be investigated.This article is based on exploratory methodology and aimed to answer this question: what are risks and hedging methods for Islamic Mortgage securities? Therefore, we will analyze various risks of Islamic Mortgage securities and some methods for hedging in term of Islamic economics in according with investors and originators.

Merchants put the commercial documents to security in commercial relationship with each other and banks. That is called "Mortgage of commercial documents" and this action is computed by endorsement method for security. Commercial law of Iran hasn' t foreseen such a institution to Mortgage for commercial documents. So court judges and lawyers analyze the case of Mortgage of commercial documents by civil law and Mortgage contract; but they face with some problems to do such action. One of these problems is voidance of Mortgage contract from Mortgagee.This essay attempts to present a solution to this problem. in the name of god

Paper money is not a symbolic object; it has inherent value in itself. So there’s no doubt that it should be considered as a legal object. It will also be reasonable to Mortgage paper money in the from of contract of Mortgage by debtor to his creditor. Thus, this agreement may be a useful one both for mortgagor (debtor) and Mortgagee (creditor) and even for the others. Thus, paper money which is given to the debtor is a pledge for him not for paying debit. If the Mortgagee breaches the contract, he/she will be responsible to the mortgagor. We should consider the liability of mortgagor based on the nature of the act done by Mortgagee.

The civil code has expressed the conditions of a property which can be the subject of Mortgage but the possibility of the Mortgage of a shared property has not been mentioned. Regarding the silence of the civil code about the issue, it can be inferred that a shared property can be the subject of Mortgage. However, this issue is the subject of conflict among experts. Hanafi jurisprudents believe that Mortgage of a shared property is impossible without the consent of other share holders but jurisprudents from other jurisprudential schools have different ideas about the necessity of asking for permission of other share holders in pre-empt situation. Among these different ideas, the idea of Shi‘ a jurisprudents is that it is necessary to ask the other share holders for permission in pre-empt situation. This idea is generally accepted in the present legal system as well. The reason is that although in reality, the shares of each share holder cannot be separated, but theoretically they are separable and independent. Therefore, Mortgage on a joint property is possible but in pre-empt situation it is not possible without the consent of other owners, since it interferes with their rights. So, parties’ agreement on Mortgage of a joint property is correct while in pre-empt situation it needs other owners consent or otherwise it would be subject to liability and the accuracy of such contract is under question too. Moreover, and on the contrary with what it has been said in Fiqh, it seems that it would not be right to make other owners give their consent. Therefore, the only solution is to divide the property. Also, if there is no agreement about the person who is going to deliver the property, the court would be the right person for it.

The present research studies the nature of commercial papers, nature of property, and the concept of pledge and securities in connection with commercial papers/trades bonds.  Pledge of commercial papers has been accepted in most countries as a principal; however, the surface of Iranian laws is in favor of non-acceptance of such pledges. In view of the importance of the subject and increasing usage of commercial papers in internal, domestic and foreign business area, this paper tries to help in lifting the main obstacles in accepting the pledge of commercial papers by attributing to some of the laws, by-laws and presenting a new definition of property.