جستجوی مقالات مرتبط با کلیدواژه « جواز عقد » در نشریات گروه « فقه و حقوق »

Merchants put the commercial documents to security in commercial relationship with each other and banks. That is called "mortgage of commercial documents" and this action is computed by endorsement method for security. Commercial law of Iran hasnt foreseen such a institution to mortgage for commercial documents. So court judges and lawyers analyze the case of mortgage of commercial documents by civil law and mortgage contract; but they face with some problems to do such action. One of these problems is voidance of mortgage contract from mortgagee. This essay attempts to present a solution to this problem. in the name of god.

The civil law of Iran has voided the mortgage contract on behalf of mortgagee. The specification of mortgage contract permission on behalf of mortgagee causes that the acquisition of death, insanity, silliness, bankrupt and unconsciousness abrogates the mortgage contract for mortgagee, also the mortgagee can abrogate the mortgage contract whenever he، she wants. The civil law has detailed the orders of mortgage contract and has stated the abrogation of mortgagee in article 787 cause dissolution, and it has not considered the death of mortgagee in article 788 its abrogation factor and has remained silent about "insanity, silliness, bankrupt and unconsciousness of the mortgagee". This details and silence of civil law raises some problems and questions on these two articles which have not been discussed. This paper represents their solutions in concordance with Islamic law and civil regulations.