Sanction of sale of mortgaged property: study on comparative Jurisprudence

Document Type : Research Article

Authors

Abstract

Thought of lack of influence the sale of mortgaged property, is famous
thought. But a narrow study in jurisprudence shows that Jurisprudents been
considered variety solutions for lack of influence the sale of mortgaged
property. The first Solution is invalidity of sale. The second solution is lack
of influence the sale (adherents of lack of influence about the survival of the
right of mortgagee have disagreement. The first group remains right of
mortgagee on mortgaged property. Other group believes that permit Cause
fall of right of mortgagee and finally, third group Consolidate right of
mortgagee on price, namely Substitute of mortgaged property). The third
Solution is unenforceability of contract against mortgagee that is of branches
of the theory of lack of influence. Finally Some Considered Correct; sale of
mortgaged property. A group of adherents the validity of sale, remain right
of mortgagee on mortgaged property and small group, know established his
right on price (Substitute). This article paid to study on this diverse ideas in
juridical various schools.

Keywords

Main Subjects

Files

History

  • Receive Date: 21 April 2016
  • Revise Date: 05 July 2016
  • Accept Date: 20 August 2016

Share

How to cite

Statistics