Sanction of sale of mortgaged property: study on comparative Jurisprudence

Thought of lack of influence the sale of mortgaged property, is famous thought. But a narrow study in jurisprudence shows that Jurisprudents been considered variety solutions for lack of influence the sale of mortgaged property. The first Solution is invalidity of sale. The second solution is lack of influence the sale (adherents of lack of influence about the survival of the right of mortgagee have disagreement. The first group remains right of mortgagee on mortgaged property. Other group believes that permit Cause fall of right of mortgagee and finally, third group Consolidate right of mortgagee on price, namely Substitute of mortgaged property). The third Solution is unenforceability of contract against mortgagee that is of branches of the theory of lack of influence. Finally Some Considered Correct; sale of mortgaged property. A group of adherents the validity of sale, remain right of mortgagee on mortgaged property and small group, know established his right on price (Substitute). This article paid to study on this diverse ideas in juridical various schools.