Document Type : research
Authors
1
Doctoral student of private law, Alborz campus, University of Tehran, Iran.
2
Assistant Professor Department of Private Law and Islam, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.
3
Professor Department of Private Law and Islam, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.
4
Associate Professor Department of Private Law and Islam, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.
10.22034/ejs.2024.421513.1580
Abstract
Background and Purpose: building pre-sale contracts have different and important issues, which are necessary to explain and analyze due to the fact that a large part of the society is affected by it. Based on this, the purpose of this article is to investigate the legal status of deferred mortgage on transfer in building pre-sale contracts.
Materials and Methods: The method of this article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the text, honesty and trustworthiness are observed.
Result: The contract of assigning the rights and obligations of the pre-seller to the pre-sold unit is concluded in any format and with any title, it is a ceremonial contract, the preparation of the official document is a condition of its authenticity and validity. Another point is that obligations and transactions contrary to the rights of pre-buyers, including the late mortgage contract, according to the pre-sale law, are revealed by what was said, the practical necessity of the property bill in the mortgage contract. The building pre-sale contract is a specific contract, whose rules, effects and title are stated in the building pre-sale law.
Conclusion :In case of non-enforcement of the pre-purchaser, the mortgage is void, and the bank cannot seize the building as an objective right due to the invalidity of the mortgage and satisfy its claim by auctioning the mortgaged property.
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