جستجوی مقالات مرتبط با کلیدواژه "طلبکار وثیقه‏ دار" در نشریات گروه "فقه و حقوق"

Although the priority of secured rights seems absolute and inviolable, the study of new approaches of legal systems shows that the priority is also affected by economic or legal interests. In this view, by separating the effects of secured transactions into two levels of parties and others, in some special circumstances, the contract is effective only in the relationship between the parties and is considered unenforceable to others or the Hierarchy of priority is adjusted and changed by law. This article intends to explain the reasons and basics for this deviation from the rule in other legal systems and then examine the jurisprudence of Islam and some Muslim countries to examine the position of Iranian law. As a result, it is safe to say that despite the existence of some theoretical capacities in jurisprudence, the approach of Iranian law with the issue is simple and far from macro-legal measures. The subject of this article reveals another consequence of not paying attention to the validity of official documents and making it mandatory in legal relations. Therefore, the only advantage of the Secured transactions law in legal system of Iran is the ease of analysis and implementation of criteria; without special measures being taken for their efficiency.