effects of destruction object of mortgage on rights of mortgagee
Subject Areas : فقه و مبانی حقوقebrahim delshad maaref 1 , مریم نادری قمی 2
1 - عضو هیات علمی دانشگاه آزاد واحد قم
2 - محقق
Keywords: مرتهن, تلف, اتلاف, سند ذمه, عین مرهونه,
Abstract :
Abstract:A mortgage agreement is subordinate and conditioned contract which means charging property by a debtor to a creditor as security for a debt. It gives creditor the priority to exercise his right on other creditors. Considering the fact that the mortgage property may waste or be wasted before maturity this question posed that to waste or being wasted the mortgage property how can effect mortgagee`s right. In this thesis in order to find an appropriate answer to this main question I investigate and analyze civil law, Registration Act, Enforcement official Document Law, and other Regulations.Finally this conclusion achieves that regarding the subordinate nature of mortgage agreement, wasting the mortgage property ,either real waste or apparent one wont overthrow the primary demand of the creditor except in article 107 of Iran`s Maritime Law here, the right of mortgagee on the property is the only thing which voids but he can exercise his right reffers to owing of the debtor .In case of being wasted the mortgage property ,considering Article 791 civil law ,wasted property substitution will replace the wasted property itself, it will be mortgage necessarily.