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Paper Information

Journal:   JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW   fall 2018-winter 2019 , Volume 11 , Number 22 ; Page(s) 153 To 179.

Detection of Mortgage (in Terms of Necessity and Permission) in Jurisprudence and Civil Law

Author(s):  Moazami Goodarzi Mahdi, Sheikhi Nasrabadi Majid Reza*
* Razavi Islamic Sciences University, Mashhad, Iran
In the Civil Code in the article "787" it is stated that "the mortgage agreement is permissible to the mortgagor and it is necessary for the mortgagor. . . " Not with standing the fact that the mortgage is deemed to be relative in terms of necessity and authorization, the legislator has not determined whether to enter into a mortgage Whether it is permissible to look for a marriage or to consider the necessary rules for marriage? This issue poses a major challenge in identifying the effects of mortgage contracts and raises questions about which types of contracts are valid on the assumption of complications such as motives, death and anesthesia on the parties to the mortgage contract; On the other hand, mortgage is an objective contract in which the bill is effective, and therefore the rules before and after the bill differ in necessity and permission. This paper explores the full range of mortgage agreements from the point of view of whether the rules governing mortgage law are permissible or necessary? In general, in this research, based on the legal and jurisprudential analysis, concepts such as mortgage bills are sought to incorporate the structure and framework of mortgage contracts into legal documents and jurisprudence analyzes and to resolve conflicts of law matters such as materials of "787". Civil law with the article "788" is the same.
Keyword(s): Mortgages,Bills,Required Contracts,Acceptable Orders,Orders
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