Evaluating the mortgage rights in Iran and the position of mortgage in banking laws with a comparative perspective

The article774 of the Civil law of Iran has annulled the pledge of debt and interest by specifying thenecessity of the property subject to mortgage to be the same. The article 772 of the Civil lawalsoconsiders the deliverance as a condition for thevalidity of the mortgage contract.Accordingly,the mortgage of debt and intangibleproperty is the matter of disputation. From another angle,the everincreasing expansion of needs requires the Iran’s mortgagerights related laws to change to be more efficient.We should be conscious to the main theme and core of issues and be cognizant toward the purpose of rights so as not to be mixed and confusedwith established subjectivities.While aligningwith the existing regulationsof developedcountries such asEngland and France,the expectations related tothe economyand tothe facts should also be answeredappropriately.Also,the abovementionedlaws should havethe flexibility to set the stage for a significant amountof assets to be subjected to mortgage.In this regard,in thisstudy,the authors aim at addressing the following issuesthe current situation of Iran’s mortgage rights byrelying on debt mortgages and deliverance andthe reasons for restrictions.Then,the development of the issue of mortgage in the outsideworld has beendiscussed by relying on the field of banking law,and it has also been pointed out that the concepts of lawunderwent changes with the rise ofNapoléon Bonaparte and the emergence of themodern government,as a result of which concepts such as possession and objectivity became less important.Also,a comparative comparisonwith countries such as France, England,America andEgypt has beenmade inorder to reach a proportionate economic approach,and finally a solution to solve the above problem has beensuggested.