نوع مقاله : علمی- پژوهشی
نویسندگان
1 استادیار، مجتمع آموزش عالی نهاوند، دانشگاه بوعلی سینا، همدان، ایران.
2 دانشجوی دکتری، گروه حقوق خصوصی، دانشکده حقوق، دانشگاه خوارزمی، تهران، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The condition of belonging the mortgaged property to the mortgagee providing non-fulfillment of the debt on time
Abstract: The condition of belonging the mortgaged property to the mortgagee providing non-fulfillment of the debt on time is one of the conditions that is included in the mortgage contract. There is disagreement about the status of this condition in jurisprudence and Iranian law. The invalidity of this condition is a dominant and overwhelming theory among Imami jurists. But there is disagreement among lawyers on this point. According to the articles of the registration code and the principles of legal interpretation, the principle is the validity of such conditions, unless proven, the principle of economic balance is not observed which in this case will be invalid.
KThe condition of belonging the mortgaged property to the mortgagee providing non-fulfillment of the debt on time
Abstract: The condition of belonging the mortgaged property to the mortgagee providing non-fulfillment of the debt on time is one of the conditions that is included in the mortgage contract. There is disagreement about the status of this condition in jurisprudence and Iranian law. The invalidity of this condition is a dominant and overwhelming theory among Imami jurists. But there is disagreement among lawyers on this point. According to the articles of the registration code and the principles of legal interpretation, the principle is the validity of such conditions, unless proven, the principle of economic balance is not observed which in this case will be invalid.
کلیدواژهها [English]
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