“LEGAL SITUATION OF SALE OF MORTGAGED PROPERTY: NULLITY, INOPERATIVE OR INVALID TOWARDS THIRD PERSONS” | ||
| مطالعات حقوق خصوصی | ||
| Article 17, Volume 41, Issue 2, July 2012, Pages 281-299 PDF (237.17 K) | ||
| Author | ||
| Akbar Mirzanejad Jouybary | ||
| Abstract | ||
| Sale of mortgaged property is one of serious problems of people and courts because at first, it is very current in the society and mortgagors need to do it on the social and economical numerous reasons and on the other hand mortgagees oppose with it. in spite of that after mission of judgment dated no.620 discussing of contradiction between sale of mortgaged property and the right of mortgagee is finished but this question is ever worthy of survey how is legal situation of mentioned contract? Writer study in this article upwards question on the point of view of jurists, lawyers and judicial precedent and chose the theory invalidity towards third persons and rejects two other theories nullity and inoperative. | ||
| Keywords | ||
| Inoperative; Invalid towards Third persons; Mortgaged property; Mortgagee.; Mortgagors; Nullity; Sale | ||
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