Legal and juridical analysis of rules and regulations of maritime mortgage

in this article the rules and regulations of maritime mortgage of Iran has been studied. The purpose of this article is to show the ambiguities and defects of the Iranian maritime code and to compare it with general rules and jurisprudence. However, the vessel delivery is not correctness condition of the mortgage contract, nevertheless the vessel under a legal entity must be registered and it’s mortgage is not exempted from this imperative rule. For this reason, according to the legislator sale of this charge vessel depends on court order. However, because the vessel is registered movable property it seems that sale of it, by registration authority, is permitted. This may reduce the activities of the courts, therefore, we propose, under the certain conditions, instead of referring to the articles 50,51 maritime code, refer to the article 31 of the registration amendment code.