Conflict of Evidences in Criminal Proving Consequence and Strategies

The reasons of requirement of outness of mortgage subject with an analytic and critical view in Imamiye and Iran law is studied in this article. The reasons of writing this article are counting the reasons of requirement of outness of mortgage subject and studying the validity rating of them and also determining qualification of mortgage of doubt, interest and other financial rights. We were encountered to the question that why the renown Imamiye jurisconsults emphasized on the outness of subject of mortgage and accounted the mortgage of doubt and interest void, and the civil law has followed them? The result shows that the outness of mortgage subject has no convincing reason and the mortgage of the properties without corporal and outer base should be account valid. Therefore, it’s suggested that in the future reforms the legislator should eliminate the outness of mortgage subject by reforming article 774 of civil law, and prescribes the mortgage of doubt, interest and other financial rights so as to make an efficient support over the owners of such properties and especially over the creators of intellectual properties.