Document Type : Original Article
Authors
1
Student of Law, South Tehran Branch, Islamic Azad University, Tehran, Iran
2
Assistant Professor of Law, South Tehran Branch, Islamic Azad University, Tehran, Iran.
3
Associate Professor of Law, South Tehran Branch, Islamic Azad University, Tehran, Iran.
4
Associate Professor, Department of Law, Arak Branch, Islamic Azad University, Arak, Iran.
Abstract
The type of collateral, in the relationship between creditor and debtor, has always been one of the most important legal issues in the appraiser. The theory of the documents of religion, in the Egyptian legal system, includes not only general documents, but also specific documents. Debt assets are common collateral in both legal systems. Obviously, despite such a possibility, the possibility of insufficient property of the debtor or the advance of other creditors is always a threat to the collection of personal claims. For this reason, the legislature has considered special instruments. Formal mortgages and mortgages are among the special instruments in the Egyptian legal system that have contractual roots. As in the Iranian legal system, a mortgage contract, regardless of whether it is formal or informal, is a contract. The right of assignment is another document that is provided for in the Egyptian legal system and has judicial roots. In the Iranian legal system, the seizure of the debtor's property by the court, both at the execution stage and before, has been considered by the legislator. Privilege is another type of collateral in its general legal sense in the Egyptian legal system, and the closest equivalent to it in the Iranian legal system is "privileged debt". In the present article, the main purpose is a comparative analysis of the components of this theory in the legal system of Egypt and Iran.
Keywords
)