1. Sanction of sale of mortgaged property: study on comparative Jurisprudence
- Author
-
Mohssen Izanloo, sina habibi, and Hadi Shabani Kandsari
- Subjects
the sale of mortgaged property ,invalidity ,lack of influence ,unenforceability ,validity ,objective deputy ,Islamic law ,KBP1-4860 - Abstract
Thought of lack of influence the sale of mortgaged property, is famousthought. But a narrow study in jurisprudence shows that Jurisprudents beenconsidered variety solutions for lack of influence the sale of mortgagedproperty. The first Solution is invalidity of sale. The second solution is lackof influence the sale (adherents of lack of influence about the survival of theright of mortgagee have disagreement. The first group remains right ofmortgagee on mortgaged property. Other group believes that permit Causefall of right of mortgagee and finally, third group Consolidate right ofmortgagee on price, namely Substitute of mortgaged property). The thirdSolution is unenforceability of contract against mortgagee that is of branchesof the theory of lack of influence. Finally Some Considered Correct; sale ofmortgaged property. A group of adherents the validity of sale, remain rightof mortgagee on mortgaged property and small group, know established hisright on price (Substitute). This article paid to study on this diverse ideas injuridical various schools.
- Published
- 2016
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