Islamic Law

Islamic Law

The Perspective of Interest Mortgage Concerning with 'Conclusion and Effects' in Iran's Legal System

Document Type : Original Article

Authors
University of Tehran
Abstract
Based on the Civil Code A.D. 1928, interest hypothecation is void in Iran's current legal system. However, quite a number of jurists and legal jurists have provided evidence against rejection of interest hypothecation and have even seen it valid and necessary. But none of them have so far presented any details, effects, and rules of the aforementioned institution. Therefore, it is essential to further investigate interest hypothecation, especially considering the different nature of this kind of hypothecation from object hypothecation with regard to contract conditions, effects, and rules of it.
Putting all this together, and while agreeing with idea of the aforementioned group of jurists and legal jurists, this study (of course now in the stage of "conclusion") was an attempt to offer the legislator a system to govern mortgage of interest, thereby properly determining the legal details of it and subsuming it under the Mortgage Contract (not Article 10 of Civil Code) along with its effects and rules. Indeed, it will be a proposed institution to improve the perspective of Iran's legal system in wich the corollary will be the acceptance of interest mortgage
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