نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار گروه حقوق دانشگاه رضوی-مشهد مقدس
2 سطح دو حوزه علمیه خواهران
3 گروه حقوق دانشگاه علوم اسلامی رضوی-مشهد مقدس
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The fact that the mortgagee can pledge the property that is collateral for his first debt to obtain another loan, and also that the value of the collateral is not so great that it is not possible to pay off the debt from the collateral, is a matter of disagreement among jurists and legal scholars. Among the Imamiyyah and Sunni jurists, two approaches have been presented: validity and invalidity. Legal scholars also have different views on this matter. Despite the fact that the provisions of the Civil Code are not explicit on this matter, based on Articles 793 and 794 of the Civil Code, it can be said that legal possession and collateralization are not in conflict with the rights of the first mortgagee, and the possibility of repeated collateralization is valid. The present study, which is organized based on a descriptive-analytical method and based on library studies, believes that the approach to the validity of repeated mortgages is more consistent with jurisprudential principles and current requirements. This view can be strengthened by relying on foundations and reasons such as: the principle of validity, lack of contradiction and consensus, the existence of necessity and the absence of obstacles, the non-contradiction of multiple affirmative rights with each other, the necessity of primary and secondary general rules, the lack of deterrence of the legislator, adherence to the construction of rationalists, and compatibility and securing the goal of legal science
کلیدواژهها [English]