Comparative Investigation the Legal Nature of Goods in Bond on Iran and English Law with Banking Approach

The Bonded Goods is legal situation of the commercial goods which is purchased with the cash or credit of bank and is pawned in beneficiary of bank behalf to security the repayment of customer's debt or good performance of his obligations, and that is different from mortgage. The main problem is challenges arising from conservation the goods in private warehouse; because endorsing the private warehouse receipt will be weak security. Background on the scope of bonded goods has no specific research. Ambiguity in the legal nature of bonded goods and differences between the bank and customer and different perceptions of this kind of pledge, made it necessity to conduct research. The objectives of this study are to prevent dispute between bank and customer and reduce the claims.
These are descriptive article so that analysis of the subject and resolving the issue are done with theoretical reasoning.
Ethical consideration: in this article, the authenticity of the texts, honesty and trustworthiness are observed.
The separation between the legal foundations of civil security and commercial security so that possibility of pledging the commercial goods near the private warehouse by including the trusteeship clause, to compensate for the weakness of the security of the bonded goods in the presumption of the problem, is an aspect of innovation and research findings.
The result of research indicates that legal nature of the bonded goods in Iranian law is special pledge that based on the principles of commercial security and in English law it’s nature is often considered equitable mortgage.
Keyword: Security, Pledge, Facility Contracts, Promissory Contracts, Goods in Bond.