The Legal Nature of Maritime Mortgage

Iranian Civil Code has defined mortgage in article 771 and then in the next articles has stated its conditions and consequences. Maritime mortgage contains the conditions and characteristics which are different and sometime conflicting with the civil mortgage. On the other hand, the explicit exclusion of marine mortgage from Civil Code rules - according to article 42 of the Marine Act-strengthens this idea in mind that Maritime law has introduced an institution that varies with mortgage accepted in Civil Code and jurisprudence texts. In fact, it is a particular and independent contract; particularly because special rules are predicted for maritime mortgage- specifically about ship mortgage- in the laws of other countries and international conventions.
Therefore this paper is a legal analysis of marine mortgages as an independent contract aiming to fully recognize the legal nature of this contract.