نوع مقاله : مقاله علمی پژوهشی
نویسندگان
1 گروه حقوق دانشگاه علوم اسلامی رضوی مشهد مقدس
2 دانش آموخته سطح 3 حوزه علمیه خراسان-مشهد مقدس
3 دانش آموخته سطح 4 حوزه علمیه خراسان-مشهد مقدس
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
After pledging the mortgaged property, what is unclear is the question of whether the mortgagee, after taking the collateral to maintain it, has incurred expenses in return for the said expenses, does he have the right to use the benefits of the mortgaged property or must he directly refer to the mortgagor to receive the expenses and does not have the right to use the benefits of the property? There are two general approaches in this regard among the Imamiyya jurists, as Sunni jurists also differ. Considering the applicability of this issue in confirmation contracts and the silence of the legislator in the civil law and the lack of comprehensive background in this regard, the present study, which is organized on the descriptive-analytical method, believes that the perspective of allowing the use of the benefits of the mortgaged property is closer to reality and can be more useful in meeting the current needs of economic activists. The perspective of allowing the use is confirmed by reasons such as: adherence to primary and secondary general rules, reference to the assumed will of the parties, and creating an atmosphere of guarantee and confidence for creditors in commercial transactions.
کلیدواژهها [English]
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