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.
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