نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار دانشکده حقوق و علوم سیاسی، دانشگاه خوارزمی، تهران، ایران.
2 دانشجوی دکتری حقوق خصوصی دانشکده حقوق و علوم سیاسی دانشگاه تهران، تهران، ایران
3 دانشآموخته کارشناسی ارشد معارف اسلامی و حقوق، دانشگاه امام صادق (علیهالسلام)، تهران، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The ineffectiveness of the mortgage regime in our country has led legal
writers to introduce alternatives instead of mortgage so that the failure of the
mortgage regime partially to be less. One of these methods that still is not
prevalent in our country is using of the mortgage protection policy. Ii not
listed in the current legislation and not express its provisions; therefore
understanding this institution and its provisions can helps to this institution
Is more common. Mortgage protection policy located between the property
insurance and life insurance and There are features of both institutions in this
insurance; but this institution has certain characteristics that distinct it from
life insurance and close to property insurance. In this insurance the risk of
non-payment of loans transferred to the insurer in exchange for the lender is
determined as the beneficiary of insurance. In this institution, unlike other
life, investment is reduced and the investment is the amount of remaining
debt, payment of premium is compulsory and also the beneficiary is
irrevocable. Given the effectiveness of this contract in terms of covering the
risk of non-repayment of the loan as well as the suitability of this contract
for the applicants, it is necessary to amend the rules on banking and loan
contracts in order to further extend this contract.
کلیدواژهها [English]