Feasibility of including the termination option in collateral contracts
What is examined in this provision is the correctness or incorrectness of the termination option in collateral contracts. Collateral contracts include guaranty contract, guarantee contract, remittance contract and mortgage contract. Only mortgage contract for the mortgagor and guaranty contract for the payee are permissible contracts, although according to the principles governing the necessary contracts, the option clause is allowed in these contracts. but apart from the remittance contract, the legislator is silent about the possibility of including the termination option in other collateral contracts, and this ambiguity still remains as to what is the ruling of the termination option in the contract of surety, guarantee and mortgage? Several theories have been expressed and it is necessary to determine the valid theory and, accordingly, the legal status of the mentioned contracts through the comparative examination of the proposed theories. The present research is trying to determine the correctness or invalidity of the termination option in collateral contracts by inferring from jurisprudential sources, and as the most important finding of the research, it can be said that the termination option in collateral contracts is correct, so it is suggested that the legislator examine the validity and validity of the termination option In collateral contracts, specify an article and end existing disputes.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.