Volume 14, Issue 2 (2010)                   CLR 2010, 14(2): 195-221 | Back to browse issues page

‎ 20.1001.1.22516751.1389.14.2.6.6

XML Persian Abstract Print

Download citation:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
Issaei Tafreshi M, Nasiri M, Shahbazinia M, Shokri F. Floating Charge in American and Iran Legal Systems. CLR 2010; 14 (2) :195-221
URL: http://clr.modares.ac.ir/article-20-9490-en.html
Floating Charge in American and Iran Legal Systems
Mohammad Issaei Tafreshi 1, Morteza Nasiri2 , Morteza Shahbazinia3 , Farideh Shokri4
1-  1- Associate Professor, Department of Law, Tarbiat Modares University, Tehran, Iran
2- 2- Associate Professor, Teaching Staff, Department of Law, Tarbiat Modares University, Tehran, Iran
3- 3- Assistant Professor, Department of Law, Tarbiat Modares University, Tehran , Iran
4- 4- Ph.D. Student in Private Law, Tarbiat Modares University, Tehran, Iran
Abstract:   (11441 Views)
In most of the legal systems, to guaranty the loans, there are two types of collaterals: Fixed charge ands Floating charge. The first type often occurs in tangible properties and assets while the second one has an ability to occur in the debtor's whole assets. Floating charge, which has been recognized in Article 9 of the Uniform Commercial Code, has been considered to create security interest in the debtor's future assets and also to create trust about the maintenance of mortgage on alienable properties. Precision, coherence and comprehensiveness of this Article have been inspired by most of the legal systems in codification of the rules of mortgage contracts. Although there are some regulations about mortgage contract in the Civil Code of Iran, taking securities from asset's value and future's benefit has been permitted to facilitate loan receiving in manufacturing plans since 2007. In this research, such a new regulation is studied comparatively in both contexts of Iranian and American legal systems.
Keywords: Floating charge, Mortgage, Future assetes, Civil code, Uniform Commercial Code
     

Received: 2009/03/9 | Accepted: 2009/07/18 | Published: 2010/06/22
Add your comments about this article : Your username or Email:
CAPTCHA
Rights and permissions
Creative Commons License This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.