Document Type : Scientific Research
Authors
1 Master's Student in Financial Law, Faculty of Law and Political Sciences, University of Tehran, Iran
2 Associate professor, Faculty of Law and Political Sciences, University of Tehran, Iran and Ph.D. in International Business Law from the University of London
Abstract
The article774 of the Civil law of Iran has annulled the pledge of debt and interest by specifying the necessity of the property subject to mortgage to be the same. The article 772 of the Civil law also considers the deliverance as a condition for the validity of the mortgage contract. Accordingly, the mortgage of debt and intangible property is the matter of disputation. From another angle, the ever-increasing expansion of needs requires the Iran’s mortgage-rights related laws to change to be more efficient. We should be conscious to the main theme and core of issues and be cognizant toward the purpose of rights so as not to be mixed and confused with established subjectivities. While aligning with the existing regulations of developed countries such as England and France, the expectations related to the economy and to the facts should also be answered appropriately. Also, the abovementioned laws should have the flexibility to set the stage for a significant amount of assets to be subjected to mortgage. In this regard, in this study, the authors aim at addressing the following issues: the current situation of Iran’s mortgage rights by relying on debt mortgages and deliverance and the reasons for restrictions. Then, the development of the issue of mortgage in the outside world has been discussed by relying on the field of banking law, and it has also been pointed out that the concepts of law underwent changes with the rise of Napoléon Bonaparte and the emergence of the modern government, as a result of which concepts such as possession and objectivity became less important. Also, a comparative comparison with countries such as France, England, America and Egypt has been made in order to reach a proportionate economic approach, and finally a solution to solve the above problem has been suggested.
Keywords
Main Subjects
)