TY - JOUR ID - 142767 TI - The Place of Mortgage and Security in Intellectual Property Rights in Iran JO - International Journal of Advanced Studies in Humanities and Social Science JA - IJASHSS LA - en SN - 2717-0209 AU - Momeni, Sajjad AU - Mirzabeigi, Mary AD - Department of Social Silences, Office of Sami Publishing Company, Ilam, Iran AD - Ph.D. in Private Law, Islamic Azad University of Tehran Center, Iran Y1 - 2022 PY - 2022 VL - 11 IS - 2 SP - 142 EP - 148 KW - intellectual ownership KW - mortgage KW - Security KW - Intellectual Property KW - Iranian civil law DO - 10.22034/ijashss.2022.2.8 N2 - The increasing advancements in of industrial and commercial domains have led to the emergence of intellectual property rights in law literature. Thus, a profound range of laws and regulations have been made on which lawyers have relied. Applying commercial documents are alluded to "commercial documents’ mortgage" on which in jurisprudence, there is a serious disagreement among jurists related to the particular conditions of mortgage contract, some of whom consider mortgage objectivity and acceptability which civil law has followed. Some others believe mortgage receipt is unconditional and mortgaged objectivity is similar, being strong in compliance with verses and hadiths cited in mortgage contract and also the requirement of mortgage contract as "secured". In this scrutiny, this issue and "religious mortgage" are considered. Hence, on a jurisprudential viewpoint, no obstacle is vivid for security, since Iranian commercial law is neutral to permit certifying commercial documents; we refer to civil law as a general law. Relying on Articles (772 and 774) of Civil Code, mortgage objectivity and mortgage receipt emerge as some conditions of mortgage contract and void debt is the advent. Since natural requirement of mortgage contract is "security" and objectivity and acceptability conditions are regarded to meet this requirement, “security of commercial documents” deals with determining rights arising from evidence in the document itself. The security of these documents is accepted while not accepting documents mortgage as religious documents and not mentioned in a specific sentence. UR - https://www.ijashss.com/article_142767.html L1 - https://www.ijashss.com/article_142767_0b449b3a8e46df8b0d6947937e7a1804.pdf ER -