مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم

نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم جلد : 1 صفحه : 485

like the property itself. And the positionis the same if the creditor sells it without the permission of the debtor and the debtor endorses the transaction later, or if the debtor sells it with the permission of thecreditor so that its sales proceed may be mortgaged. That is the sale proceeds of that property will get mortgaged like the property itself. And if he sells it without thepermission of the creditor the property in question continues to be mortgaged.
2317. If the creditor demands the repayment of debt when it should be repaid and the debtor does not repay it the creditor can sell the mortgaged property andrealize his dues if he is authorized to sell it. And if he is not authorized to sell it, it is necessary that he should obtain permission in this behalf from the debtor andif he cannot approach him he should obtain permission for the sale of the property from the religious Head, and in either case if the sale proceeds exceed the amount j due tohim he should give the amount in excess of his debt, to the debtor.
2318. It the debtor does not possess anything other than his residential house and the necessary household effects the creditor cannot demand the repayment of debtfrom him. In case, however, the thing mortgaged by him is his house and household effects the creditor can sell them and realize his dues.

ORDERS REGARDING STANDING SURETY (ZAMANAT)
2319. If a person wishes to stand surety for another person to repay his debt his act in this behalf will be in order only when he makes the creditor understand byhis words in any language, or deed, that he undertakes the responsibility for the repayment of the debt and the creditor also accepts the deal. It b not necessary that thedebtor, too, is agreeable to another person standing surety for the repayment of the debt.
2320. It is necessary that the surety and the creditor are adult

نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم جلد : 1 صفحه : 485

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