Authors
Abstract
Since there is no clear order on immaterial properties
mortgage by civil code, some have totally denied immaterial
properties mortgage, by considering religious resources which
are the basis for civil code content while some others consider
it as being acceptable according to some other kinds of
resources. This paper aims at stating some points by taking all
of these into consideration:
According to the appearance and the history of civil
code, immaterial properties mortgage is not acceptable, an
idea which apparently supports the idea of the first group. In a
set of scattered acts, immaterial properties are put as the
subject of a contract which is named pledge. The security
contract of such property, according to the utilization
antecedents of this meaning, is a novel aspect of secured
contracts which is a different contract in Iran with different
rules and consequences, on the terms of subjects that are
presented in this acts about security.
Since the function of law is to solve the problems not to
add up the theoretical and practical difficulties, these
differences are not desirable. Thus, solving this problem to a
large extent can be an answer to the needs, especially current
business needs, by modifying the civil code regulations about
mortgage contract principles (considering the religious
grounds for these modifications) and approving a new
provision with considered rules and results, specifying the
acceptance of immaterial properties pledge.
Keywords
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