Situation of Transmitting Possessions of the Pledged by Mortgager (Legal-Religious Studies)

One of the important issues of the right of mortgaged is the legal situation of the transmitting contracts of the property including mortgage property by mortgagor. In accordance with the legal famous view, the influence of mentioned contracts needs the permission of the mortgaged in this respect. The important reasons are consensus, some traditions and incompatibility of mentioned transmitting possession with the rights of mortgaged. But the mentioned cases are disputable, because the consensus is depending on the reason and it is invalid and the tradition is also questionable in document and denotation. Incompatibility of the mentioned taking possessions with the right of mortgaged is doubtable too. Legal and juridical studding, it seems that the idea that transmitting possessions is not incompatible with the right of mortgaged and these two can behand of mortgaged and making option for the mortgagor is incompatible with the collateral of that property. Therefore, we must discuss whether the contract of liability is an obligatory contract or authorized one and if it is an obligatory one, may it have an option? If it is doubted, what is the principle in this issue? What is the effect of the condition of option in the contract of liability? If liability dose not bear an option, inserting the condition of option causes nullity of the condition or invalidate both the contract and the condition? What about the conditional option or option of incorrect description? If both parties insert a condition or a description in a contract and one of them will be violated, is there an option for the party that the condition or description was in his favor