-

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