Abstract:
The effect of allowing the mortgagee to the mortgagor transaction, different views have been
expressed on the part of jurists and lawyers, some argue that by allowing the sale of mortgaged their
right to void has also mortgaged, but unlike the time of authorization and conditions some believe it is
the consent of the mortgagee would be to admit the authenticity and accuracy of the mortgage
transaction. But it seems like the rights of the mortgagee in the document indicating the transfer of the
right to the same mortgaged mortgagee does not cease in case of transfer, such as the mortgagee agrees
to said third mortgage.
Machine summary:
1376 precedent General Board Supreme Court) ISSN:2382-9753 Mohammadreza Marandi1*, Ramin feizi1, Ares Amanate Jelodar1, Saeed Rasouli Abarbakooh1 and Valiollah Sheikhi Kashikhale1 1Department of Law, Germi Branch, Islamic Azad University, Germi, Iran ABSTRACT The effect of allowing the mortgagee to the mortgagor transaction, different views have been expressed on the part of jurists and lawyers, some argue that by allowing the sale of mortgaged their right to void has also mortgaged, but unlike the time of authorization and conditions some believe it is the consent of the mortgagee would be to admit the authenticity and accuracy of the mortgage transaction.
Original Article: Received 20 Sep. 2014 Accepted 18 Nov. 2014 Published 30 Mar. 2015 Keywords: Property Mortgages Introduction First paragraph - different opinions on precedent As expected, this rate is not only not a precedent, but the differences have fueled the legal system has created another divided and procedures, which are based on judgments issued by courts of first instance, noted be.
Consequently, the General Board of the Supreme Court precedent No. 620, and citing its criticism not only to vote but also to be given further emphasis of similarity precedent with claims relating to the obligation to adjust the document official (transactions mortgage ), should not be invoked in such cases in the final conclusions should be mortgaged to the lack of nullity of the same transaction, the transaction is rejected by the mortgagee believed to be interested, to the right of the mortgagee and the mortgagor reserved reign lose their property and foundations and legal preserved, References: A.