The Ruling of Pledging Another's Property with the Owner's Consent in Light of the Principle of Freedom of Contract

Articles in Press

Document Type : Research Article

Authors

1 b

2 Department of Jurisprudence and Law, Faculty of Theology, University of Tehran, Qom, Iran

3 zxx

10.22059/jolt.2025.378986.1007315

Abstract

However, the important point is that this pledge has no dependence on the original owner, and at the time of the pledge contract, his name and position are not mentioned in the contract. This has caused jurists and legal scholars to disagree on the exact nature of this type of pledge. Because this type of pledge creates a security (in rem) right on the property of a third party, without the original owner having a role in it. The result of this study, which was conducted using a descriptive-analytical method, is that it can be acknowledged that in this type of pledge, the nature of the relationship between the parties is based on the will and consent of the owner to create a security right on his property in favor of another. This consent creates a tripartite relationship between the owner, the pledgor, and the pledgee, in which the owner, by giving permission to pledge, plays an essential role in creating this relationship. This article offers a novel solution based on the will of the parties as the basis for interpretation. The authors believe that the nature of the relationship between the owner, the pledgor

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Private Law

Articles in Press, Accepted Manuscript
Available Online from 07 April 2025

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