نویسندگان
چکیده
کلیدواژهها
عنوان مقاله [English]
Article 793 says: the pledger cannot enter in to possession of the
pledge in Such a way as to be contrary to the rights of the creditor
except with the latters permission.But among law possessions,this
problem that what kind possessions are inconsistend with mortgaged
right,has caused differences especially in judicial policy.Selling
mortgage is a prominent example of law possession that its scope has
been draw to country supreme court.
The difference is that some court take into account the selling mortgage
absolutely branches of country supreme court has been issued in favor
of recent Opinion.In contrast,some courts and country supreme court
are in favor of selling mortgage,if this selling has taken the creditor,s
rights into acount.But this article is in favor of the first opinion
کلیدواژهها [English]