Property Mortgages (Review No. 620 dated 20.08.1376 precedent General Board Supreme Court)

Authors

  • Mohammadreza Marandi
  • Ramin feizi
  • Ares Amanate Jelodar
  • Saeed Rasouli Abarbakooh
  • Valiollah Sheikhi Kashikhale

DOI:

https://doi.org/10.24200/jsshr.vol7iss01pp8-11

Abstract

Objective: The effect of allowing the mortgagee to the mortgagor transaction, different views have been expressed on the part of jurists and lawyers, some argue that by allowing the sale of mortgaged their right to void has also mortgaged, but unlike the time of authorization and conditions some believe it is the consent of the mortgagee would be to admit the authenticity and accuracy of the mortgage transaction. Methodology: But it seems like the rights of the mortgagee in the document indicating the transfer of the right to the same mortgaged mortgagee does not cease in case of transfer, such as the mortgagee agrees to said third mortgage. Results: As a result, the content of Article 729 as the execution has maintained its legal validity. Conclusion: Although the transaction invalid mortgaged property by the mortgagee after rejecting the opinion of jurists but also owner of logical analysis mortgagor is mortgaged so the belief in the invalidity of the transaction, is not correct. Nullity where the seller (nosy) no property owner is denied a deal.

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Published

2020-10-04

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Section

Articles