Comparative study of The nature of reception in the mortgage contract

Traditionally, the bill on contracts has been disputed among lawyers and jurists. Popular opinion, knows the reception as part of the elements of contract. Consequently until the reception is not fulfilled the contract is concluded and has no effect. But civil law is silent on the role of reception in mortgage contract. It must be noted despite articles 47, 364, 798 of civil law regarding the role of reception in (devotion , Sale of gold) and donation expressly considers reception as an element of contract, and without it the contract is not cancelled, such constraint cannot be seen about mortgage. This silence arises from the ambiguity which analytically exists over the role of reception. In this paper, while reviewing various opinions, a new point of view has been taken to the subject, and with analysis of the elements of the contract and the common intention of the parties we concluded that the reception in mortgage contract is in fact the suspension on the establishment of the effects of contract not one of the elements of the contract.