In collaboration with Payame Noor University and Iranian Association of Medical Law

Document Type : Scientific Research

Author

Abstract

Mortgage of commercial documents is one of the important needs in commercial relations and countries’ internal and international economy; In the event that a lot of countries’ lawgivers, have anticipated  the mortgage of commercial documents by “endorsement for mortgage” method in their law and mortgage commercial documents - namely warant, negotiable instrument, valeurs mobiliers, obligations-bond, obligations-lots, bill of lading, bill of exchange, promissory note, check, fiata or forwarders - with such institutions. Iran’s commercial law hasn’t anticipated institution for security of commercial documents and this affair has maid judges and lawers analyse the mortgage of commercial documents with due attention to jurisprudence and civil law and in mortgage contract model, but this action encounters to difficulty of voidable delivery indebted property. The present study states this problem, meanwhile, try to find its solution on the strength of Islamic and Iran’s law.

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