The legal nature of mortgage of movable property (debt) in modern French law with an assessment of its feasibility in Iranian law

Articles in Press

Document Type : Research Article

Author

Department of Law, Faculty of Law, University of Religions and Religions, Qom, Iran

10.22059/jolt.2025.400390.1007406

Abstract

The value and validity of any obligation is based on the guarantee of its execution, which is created either by law or by contract. Logically, an obligation that has the necessary support for the fulfillment and execution of the obligation is more likely to be accepted by the obligor or creditor. The attention of the aforementioned person is to be able to obtain multiple guarantees. From a legal perspective, the debtor's property is the collateral for the creditors' claims, and each of them may have priority over other creditors depending on the type of claim. Only immovable property is recognized as a valid collateral, and this is because immovable property is more compatible with the formalities of a mortgage contract, especially the ability to collect and fully exercise the rights of creditors. However, in other legal systems, especially French law, the legislator's efforts have gone in this direction, in accordance with the requirements of society and to facilitate commercial and economic affairs. In this research, we aim to examine the legal system of mortgage of movable property, especially debt, in modern French law, and from its results, the feasibility of realizing mortgage of debt in Iranian law will be studied.

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Main Subjects

Private Law

Articles in Press, Accepted Manuscript
Available Online from 19 October 2025

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