به آیینی و به سامانی:
درستی - سازش - شادی
نوع مقاله : توجیه و نقد رویه قضایی
نویسنده
دانشیار گروه حقوق خصوصی و اسلامی دانشکده حقوق و علوم سیاسی دانشگاه تهران
کلیدواژهها
عنوان مقاله English
نویسنده English
In the case under consideration, immovable property mortgaged to a bank was transferred by the mortgagor to a third party by means of a private instrument, without the mortgagee’s consent. Relying on this transaction, the purchaser brought an action against the seller seeking an order compelling the delivery of the subject matter of the sale. The court of first instance initially issued an order declaring the action inadmissible. Following the reversal of that order by the appellate court, the former proceeded to examine the claims for a declaration that the sale had taken place and for recognition of the claimant’s ownership. Having established that the sale had occurred, the court of first instance entered judgment against the defendant and ordered delivery of the property, notwithstanding that the official title deed remained registered in the defendant’s name. Upon an appeal on points of law, the Third Chamber of the Supreme Court reviewed the case and overturned the judgment on the ground that a sale of mortgaged property without the mortgagee’s authorization is void (bāṭil).
کلیدواژهها English
