Mortgage of Commercial Documents

According to well-known or unanimous view in jurisprudence and Iran's civil law, mortgage of debt is null and void, however; mortgage of considerable part of commercial documents, is mortgage of debt which is considered in force and binding based on banking system’s, economic and commercial practice. In case of not application of nullity of mortgage of debt to mortgage of commercial documents, we encounter this problem that mortgage of commercial documents could not be examined and analyzed based on civil and Islamic mortgage contract. Therefore, the questions are what the solution of this problem is and based on what Islamic and civil institution the mortgage of commercial documents could be analyzed and to what extent such action is true and legal. Present research considers this case from jurisprudence and statute law and provide the proper solution based on Islamic and Iran's law.