The Pledge Situation of Immaterial Properties in Iran's law

Since there is no clear order on immaterial properties mortgage by civil code, some have totally denied immaterial properties mortgage, by considering religious resources which are the basis for civil code content while some others consider it as being acceptable according to some other kinds of resources. This paper aims at stating some points by taking all of these into consideration: According to the appearance and the history of civil code, immaterial properties mortgage is not acceptable, an idea which apparently supports the idea of the first group. In a set of scattered acts, immaterial properties are put as the subject of a contract which is named pledge. The security contract of such property, according to the utilization antecedents of this meaning, is a novel aspect of secured contracts which is a different contract in Iran with different rules and consequences, on the terms of subjects that are presented in this acts about security. Since the function of law is to solve the problems not to add up the theoretical and practical difficulties, these differences are not desirable. Thus, solving this problem to a large extent can be an answer to the needs, especially current business needs, by modifying the civil code regulations about mortgage contract principles (considering the religious grounds for these modifications) and approving a new provision with considered rules and results, specifying the acceptance of immaterial properties pledge.