Disintegration of Mortgage in Imami Jurisprudence and Iranian Law: A Study Based on Article 19 of 2014 Act on Elimination of Production Obstacles for Improving the Country's Financial System
One of the important questions regarding the mortgage is the disintegration or non-disintegration of the mortgage due to the falling of a part of the debt. Although Article 783 of the Civil Code prohibits the disintegration of mortgages, the provisions of this article seem to apply only to cases whe...
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| Format: | Article |
| Language: | English |
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University of Mazandaran
2022-06-01
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| Series: | پژوهشنامه حقوق تطبیقی |
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| Online Access: | https://lps.journals.umz.ac.ir/article_3753_46e767cad185a99366ad50818ad92fa2.pdf |
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| author | Mehdi Ashouri Mehdi Amini Seyed Rouhollah Akbari Kifteh |
| author_facet | Mehdi Ashouri Mehdi Amini Seyed Rouhollah Akbari Kifteh |
| author_sort | Mehdi Ashouri |
| collection | DOAJ |
| description | One of the important questions regarding the mortgage is the disintegration or non-disintegration of the mortgage due to the falling of a part of the debt. Although Article 783 of the Civil Code prohibits the disintegration of mortgages, the provisions of this article seem to apply only to cases where the mortgagor, the mortgagee, the mortgage contract and the debt are units. There is no consensus in Imami jurisprudence and case law regarding the cases of mortgage disintegration. In Imami jurisprudence, the criterion of mortgage degradability is the number of mortgage contracts. However, there is a difference between them in the application of the multiplicity and non-multiplicity condition of the mortgage contract (the criterion of a single or multiple mortgage contract) and this difference in criteria leads them to disagree on the subject. Contrary to Imami jurisprudence, such a criterion was not presented in the case law. However, cases of mortgage disintegration have been identified and studied. However, jurists have not examined these cases in detail. Article 19 of 2014 Act on Elimination of Production Obstacles, on its territory (loans paid by the banking network to production units), accepted the sharing of mortgages in proportion to the payment of the debt and limited Article 783 of the Civil Code. Articles 113 and 119 of the Regulations for the Execution of the Provisions of Enforceable Official Acts also admitted the next multiplicity of mortgagors. In this research, while examining the voluntary and involuntary causes of mortgage disintegration, the advantages and disadvantages of Article 783 of the Civil Code and the shortcomings of the Civil Law in mortgage disintegration are revealed. |
| first_indexed | 2024-04-10T20:11:38Z |
| format | Article |
| id | doaj.art-c08999bfcd8f43e8be0041770aefcb34 |
| institution | Directory Open Access Journal |
| issn | 2423-7566 |
| language | English |
| last_indexed | 2024-04-10T20:11:38Z |
| publishDate | 2022-06-01 |
| publisher | University of Mazandaran |
| record_format | Article |
| series | پژوهشنامه حقوق تطبیقی |
| spelling | doaj.art-c08999bfcd8f43e8be0041770aefcb342023-01-26T11:06:51ZengUniversity of Mazandaranپژوهشنامه حقوق تطبیقی2423-75662022-06-016116318510.22080/lps.2022.23358.13283753Disintegration of Mortgage in Imami Jurisprudence and Iranian Law: A Study Based on Article 19 of 2014 Act on Elimination of Production Obstacles for Improving the Country's Financial SystemMehdi Ashouri0Mehdi Amini1Seyed Rouhollah Akbari Kifteh2Assistant Professor, Department of Private Law, Faculty of Literature and Humanities, Shahrekord University, Shahrekord, Iran.Assistant Professor, Department of Private Law, Faculty of Literature and Humanities, Shahrekord University, Shahrekord, Iran.Master of Private Law, Faculty of Literature and Humanities, Shahrekord University, Shahrekord, Iran.One of the important questions regarding the mortgage is the disintegration or non-disintegration of the mortgage due to the falling of a part of the debt. Although Article 783 of the Civil Code prohibits the disintegration of mortgages, the provisions of this article seem to apply only to cases where the mortgagor, the mortgagee, the mortgage contract and the debt are units. There is no consensus in Imami jurisprudence and case law regarding the cases of mortgage disintegration. In Imami jurisprudence, the criterion of mortgage degradability is the number of mortgage contracts. However, there is a difference between them in the application of the multiplicity and non-multiplicity condition of the mortgage contract (the criterion of a single or multiple mortgage contract) and this difference in criteria leads them to disagree on the subject. Contrary to Imami jurisprudence, such a criterion was not presented in the case law. However, cases of mortgage disintegration have been identified and studied. However, jurists have not examined these cases in detail. Article 19 of 2014 Act on Elimination of Production Obstacles, on its territory (loans paid by the banking network to production units), accepted the sharing of mortgages in proportion to the payment of the debt and limited Article 783 of the Civil Code. Articles 113 and 119 of the Regulations for the Execution of the Provisions of Enforceable Official Acts also admitted the next multiplicity of mortgagors. In this research, while examining the voluntary and involuntary causes of mortgage disintegration, the advantages and disadvantages of Article 783 of the Civil Code and the shortcomings of the Civil Law in mortgage disintegration are revealed.https://lps.journals.umz.ac.ir/article_3753_46e767cad185a99366ad50818ad92fa2.pdfmortgage disintegrationmortgage multiplicitymortgagormortgageearticle 19 of 2014 act on elimination of production obstacles |
| spellingShingle | Mehdi Ashouri Mehdi Amini Seyed Rouhollah Akbari Kifteh Disintegration of Mortgage in Imami Jurisprudence and Iranian Law: A Study Based on Article 19 of 2014 Act on Elimination of Production Obstacles for Improving the Country's Financial System پژوهشنامه حقوق تطبیقی mortgage disintegration mortgage multiplicity mortgagor mortgagee article 19 of 2014 act on elimination of production obstacles |
| title | Disintegration of Mortgage in Imami Jurisprudence and Iranian Law: A Study Based on Article 19 of 2014 Act on Elimination of Production Obstacles for Improving the Country's Financial System |
| title_full | Disintegration of Mortgage in Imami Jurisprudence and Iranian Law: A Study Based on Article 19 of 2014 Act on Elimination of Production Obstacles for Improving the Country's Financial System |
| title_fullStr | Disintegration of Mortgage in Imami Jurisprudence and Iranian Law: A Study Based on Article 19 of 2014 Act on Elimination of Production Obstacles for Improving the Country's Financial System |
| title_full_unstemmed | Disintegration of Mortgage in Imami Jurisprudence and Iranian Law: A Study Based on Article 19 of 2014 Act on Elimination of Production Obstacles for Improving the Country's Financial System |
| title_short | Disintegration of Mortgage in Imami Jurisprudence and Iranian Law: A Study Based on Article 19 of 2014 Act on Elimination of Production Obstacles for Improving the Country's Financial System |
| title_sort | disintegration of mortgage in imami jurisprudence and iranian law a study based on article 19 of 2014 act on elimination of production obstacles for improving the country s financial system |
| topic | mortgage disintegration mortgage multiplicity mortgagor mortgagee article 19 of 2014 act on elimination of production obstacles |
| url | https://lps.journals.umz.ac.ir/article_3753_46e767cad185a99366ad50818ad92fa2.pdf |
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