Situation of Transmitting Possessions of the Pledged by Mortgager (Legal-Religious Studies)
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 respe...
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Razavi University of Islamic Sciences
2011-12-01
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| Series: | آموزههای فقه مدني |
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| Online Access: | https://cjd.razavi.ac.ir/article_900_1074be8dd310d9cd9e03512470465ea7.pdf |
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| _version_ | 1849246229401174016 |
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| author | Dr. Sayyed Muhammad Taghi Ghabooli Dorafshan |
| author_facet | Dr. Sayyed Muhammad Taghi Ghabooli Dorafshan |
| author_sort | Dr. Sayyed Muhammad Taghi Ghabooli Dorafshan |
| collection | DOAJ |
| description | 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. |
| format | Article |
| id | doaj-art-18b002aee01b4bc4808c4ef4516adc87 |
| institution | Kabale University |
| issn | 2251-936X 2783-3690 |
| language | fas |
| publishDate | 2011-12-01 |
| publisher | Razavi University of Islamic Sciences |
| record_format | Article |
| series | آموزههای فقه مدني |
| spelling | doaj-art-18b002aee01b4bc4808c4ef4516adc872025-08-20T03:58:35ZfasRazavi University of Islamic Sciencesآموزههای فقه مدني2251-936X2783-36902011-12-01344964900Situation of Transmitting Possessions of the Pledged by Mortgager (Legal-Religious Studies)Dr. Sayyed Muhammad Taghi Ghabooli Dorafshan0 Assistant professor of Ferdowsi University of MashhadO 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.https://cjd.razavi.ac.ir/article_900_1074be8dd310d9cd9e03512470465ea7.pdf key words: mortgagemortgagermortgagedincompatible possessionstransmitting possession of the propertypermission |
| spellingShingle | Dr. Sayyed Muhammad Taghi Ghabooli Dorafshan Situation of Transmitting Possessions of the Pledged by Mortgager (Legal-Religious Studies) آموزههای فقه مدني key words: mortgage mortgager mortgaged incompatible possessions transmitting possession of the property permission |
| title | Situation of Transmitting Possessions of the Pledged by Mortgager (Legal-Religious Studies) |
| title_full | Situation of Transmitting Possessions of the Pledged by Mortgager (Legal-Religious Studies) |
| title_fullStr | Situation of Transmitting Possessions of the Pledged by Mortgager (Legal-Religious Studies) |
| title_full_unstemmed | Situation of Transmitting Possessions of the Pledged by Mortgager (Legal-Religious Studies) |
| title_short | Situation of Transmitting Possessions of the Pledged by Mortgager (Legal-Religious Studies) |
| title_sort | situation of transmitting possessions of the pledged by mortgager legal religious studies |
| topic | key words: mortgage mortgager mortgaged incompatible possessions transmitting possession of the property permission |
| url | https://cjd.razavi.ac.ir/article_900_1074be8dd310d9cd9e03512470465ea7.pdf |
| work_keys_str_mv | AT drsayyedmuhammadtaghighaboolidorafshan situationoftransmittingpossessionsofthepledgedbymortgagerlegalreligiousstudies |