The impact of conflicting transactions on bank mortgages
Subject Areas : Civil LawAlireza Anabi 1 , Faezeh Jahanimoghadam 2 *
1 - Assistant Professor of International Law, Department of Private Law, Faculty of Humanities, Maragheh Branch, Islamic Azad University, Maragheh, Iran.
2 - Master of Private Law, Department of Private Law, Faculty of Humanities, Urmia Branch, Islamic Azad University, Urmia, Iran.
Keywords: Conflicting transactions, bank mortgages, fraud, illegal transfer, enforcement guarantee.,
Abstract :
The continuous expansion of real estate buying and selling has led to some profit-seeking individuals abusing this field, resulting in the increase of crimes such as fraud, illegal transfer of property, and conflicting transactions. Criminal penalties such as fraud and illegal transfer of property are explicitly stated in the law and a specific legal process has been considered for these types of crimes. However, conflicting transactions are somewhat complicated due to ambiguities in the text, and there is no clear legal process for dealing with such crimes. In the banking system, conflicting transactions have also caused problems in the system, particularly due to the absence of a unified legal process for dealing with conflicts between official mortgage documents and ordinary sales documents. This lack of legal clarity has made official documents unreliable, leading to harm to the banking system and providing a platform for abuse by facilitators. On the other hand, the priority of official mortgage documents over ordinary sales documents has increased the credibility of official documents, but it has also caused harm to the buyer. This article attempts to examine the impact of conflicting transactions on bank mortgages and the enforcement of these types of transactions in Iran's legal system.
1-Ebrahimzadeh, Mahdi. (2021). "The Effects of Contrary Transactions to Bank Mortgage Documents and the Guarantee of Its Execution" Scientific Conference on Legal Studies. Judicial Sciences and Social Research. University Jihad of Tehran. 3 June 2021.
2-Imami, Sayed Hassan. (2013). Civil Law. Volume One. 34th Edition. Islamic Publications.
3-Bani Hashemi, Sayed Mohammad Hassan. (2000). Explanation of the Issues for the Sources of Jurisprudence. Qom: Islamic Publication Office.
4-Javer, Hossein, Jafari, Hassan, and Heydarpour, Jalal. (2019). "The Legal Consequences of Counter-Trading with a Look at Iran's Judicial Procedure." Scientific-Legal Quarterly Journal of Lawyar. Vol. 3, pp. 184-159.
5-Jafari Langroudi, Mohammad Jafar. (2017). Property Law. 7th Edition. Tehran: Ganj-e-Danesh Publications.
6-_________. (2014). Comprehensive in Legal Terminology. Volume Two. Sixth
Edition. Tehran: Ganj-e Danesh Publications.
7-_________. (2009). Encyclopedia of Civil Rights and Commerce. First Edition. Tehran: Ganj-e-Danesh Publications.
8-_________. (2003). Registration Law. Fourth Edition. Tehran: Ganj-e-Danesh Library Publications.
9-Sepahvand, Amir Khan. Special Criminal Law Handbook, Faculty of Law, Shahid Beheshti University, PDF version, published on the Legal Articles Publishing Platform, Dadgostar Legal.
10-Shahri, Gholamreza. (2015). Registration Law, Documents, and Properties. 42nd Edition. Jahad Daneshgahi Publications.
11-Abedini, Esmaeil (2015). Registration of Documents and Properties Law. 1st Edition. Tehran: Jungleh va Javdaneh.
12-Katuzian, Naser (2015). General Rules of Contracts. Vol. 2. 4th Edition. Sherkat Sahami Enteshar Publications.
13-Kamyar, Gholamreza. (1998). "The Impact of Countertrade on Barter Transactions." Kanun Monthly, 42nd year, new series, No. 7, pp. 33-49.
14-Mashhadi Zadeh, Alireza; Abbasi, Gholamreza. (2020). "The Effects of Countertrade on Bank Collateral Documents." 2nd edition. Mizan Publications.
15-________, (2017), The Effects of Contradictory Transactions on Bank Mortgages with Emphasis on Judicial Procedure. First edition. Mizan Publishing.
16-Selected Judgments. (2007). Qazavat Monthly, Issue 46, August and September.
17-Sadeqi, Hossein Mir Mohammad. (2015). Crimes against Property and Ownership. 43rd Edition. Tehran: Mizan Publications.
18-Nikdusti, Mojtaba. (2011). Civil Law 3 Lecture Notes.
19-"Basic Legal Concepts". Journal of Accountancy. October 2004. Retrieved 18 December 2013.
20-"Legal Dictionary: fraud". Law.com. Retrieved 27 January 2016.
21-Bergel, J. L. et M. Bruschi et S. Cimamonti, Traité de droit civil: Les biens (sous la direction de J. Ghestin), Paris, L.G.D.J, 2000.
22-Hubrecht,.G, Vermelle et. G, Notions essentielles de droit Civil, 14e éitdion, Paris, Sirey, 1987.
23-Philippe Simler, Philippe Delebecque, Droit Civil, Les sûretés, la publicité foncière Paru en
mars 2004.
24-Schiller, S., Droit des biens, 3e éitdion, Paris, Dalloz, 2007.