چکیده:
AbstractArticle 9 of the Uniform Commercial Code of USA is recognized as a model for other legal systems by anticipating developed regulations on the security interest in movable property. One of the essential features of this article is the rules on the enforcement of the security interest and the priority of the holders of rights in a same collateral. On this basis, if debtor defaulted, the beneficiary of the collateral may personally, without interference by the court or other official body, enforce the security interest and repossess collateral to foreclosure or sell it as consideration of the debt or part of it. Performance of the conditions, such as non breach of peace, the reasonable conditions of transfer and foreclosure, is mandatory and the violation is warrantable. In relation to the priority of holders of security interest, a creditor who has perfected and registered his right prior to others, regardless date of conclusion of the security agreement. In Iranian law, action to official authorities is only way of enforcing security interest in movable property. Priority exercise on the basis of the precedence or delay of the date of conclusion of the security agreement. due to the lack of a filling system, the establishment of unified systems for registration of security interest in movable property, priority over time and granting of the right of self enforcement the security interest to the beneficiaries by considering the responsibility is offered, in order to develop the security in the movable property and financing.
خلاصه ماشینی:
"A Comparative Study of the Enforcement of Movable Security Rights in the United States Uniform Commercial Code and Iranian Law" Mostafa Elsan Mohammad Salim Ardeshiri Lardjani Date of Receipt: 98/12/23 Date of Acceptance: 99/10/03 Abstract Article 9 of the United States Uniform Commercial Code, by providing detailed regulations regarding the perfection of security interests in movable property, is recognized as a model for other legal systems.
Accordingly, in the event of a debtor's default, the beneficiary of the security can personally and without the intervention of a court or other official authorities enforce the security right, take possession of the secured item, and either acquire it as compensation for the debt (or a portion thereof) or sell it.
Therefore, given the absence of a unified registration system, the creation of a coherent system for registering movable security rights, applying priority based on the time of registration, and granting the holder the right to personal and non-judicial enforcement of the security, while considering liability, is proposed in order to expand the perfection of movable property and financial security.
. The right of the creditor to take ownership of the collateral and the transfer of the collateral without the intervention of the court and relevant authorities is one of the unique features of the security interest enforcement system in the United States Uniform Commercial Code, and in similar cases in other legal systems, such a thing has not been foreseen.
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