Assistant professor of Ferdowsi University of Mashhad
Abstract
O
ne of the important issues of the right of mortgaged is the legal situation of the transmitting contracts of the property including mortgage property by mortgagor. In accordance with the legal famous view, the influence of mentioned contracts needs the permission of the mortgaged in this respect. The important reasons are consensus, some traditions and incompatibility of mentioned transmitting possession with the rights of mortgaged. But the mentioned cases are disputable,
some of challenging and disputing issues. Although the marriage portion is a kind of debt and has the orders of other debts, it differs from others in some issues. What come in this article are considering the juridical evidences of the commandments of the debts in their different stages, analyzing the cases in question as well as some special commands of debtors of marriage portion and criticizing
gather together has a solid reasoning, even though the most of lawyers and judicial procedure tend to legal famous view. However, there is dispute about the influence permission of the mortgaged and the famous view regards it as the waiver. But in spite of the permission or confirming of the mortgaged, it seems that remaining of the right is preferred except cases that permission denotes that the mortgaged has intended to waive his right.
Ghabooli Dorafshan, D. S. M. T. (2011). Situation of Transmitting Possessions of the Pledged by Mortgager (Legal-Religious Studies). Civil Jurisprudence Doctrines, 3(4), 49-64.
MLA
Dr. Sayyed Muhammad Taghi Ghabooli Dorafshan. "Situation of Transmitting Possessions of the Pledged by Mortgager (Legal-Religious Studies)". Civil Jurisprudence Doctrines, 3, 4, 2011, 49-64.
HARVARD
Ghabooli Dorafshan, D. S. M. T. (2011). 'Situation of Transmitting Possessions of the Pledged by Mortgager (Legal-Religious Studies)', Civil Jurisprudence Doctrines, 3(4), pp. 49-64.
VANCOUVER
Ghabooli Dorafshan, D. S. M. T. Situation of Transmitting Possessions of the Pledged by Mortgager (Legal-Religious Studies). Civil Jurisprudence Doctrines, 2011; 3(4): 49-64.
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