حق الدائن المرتهن في تتبع العقار المرهون (دراسة مقارنة)
Date
2021-06-05
Authors
بيان سعدي جميل بدر
Bayan Sadee Jameel Bader
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Publisher
Al-Quds University
Abstract
The study examines the issue of the authority of the mortgageecreditor in tracking the mortgaged property (a comparative study).It includes an introduction and two chapters. The introductory section includes rights and their types through two requirements: The first touched on the concept of right, while the second showed the types of financial rights and their divisions. Besides, the first chapter is characterized by the feature of tracking, including its concept, conditions, and how to conduct it through two topics. The first one talks about its concept and came up with the legal provision related to it, and the second touched upon its definition, conditions and how to conduct it.
However, the second chapter touched on the rights of the holder, his options, and the cases resulting from the initiation of prosecutions and the expiration of the mortgage, in two sections: The first talked about the concept of the mortgage holder, his rights and options, and the conditions that must be met by the holder of the mortgaged property, while the second topic discussed the cases resulting from conducting the feature of tracking, and the expiration of the mortgage. The study is based on the comparative analytical descriptive method. The analytical method is devoted to addressing the extent of the mortgagee's authority in tracking the mortgaged property, and the comparative method is devoted to comparing these authorities in the Palestinian, Jordanian, and Egyptian legislation.
The result of this study has included thatthe concept of the right of tracking refers to the right according to which the mortgagee creditor can trace the mortgaged property and who is its holder, and it also included that the holder becomes, for any reason to acquire ownership, the owner of the mortgaged property or the one who hasa realmortgageable right over it after registering the mortgage, and he is not personally liable for the debt secured by the mortgage.The study has shown that many legislations came with the concept of the right of tracking and how it is conducted through different texts that explained this meaning. It hasalso touched on that the Palestinian legislator followed what the Jordanian and Egyptian legislators followed by protecting and caring for the mortgagee upon the expiration of the feature of tracking.Moreover, the study recommended different recommendations, including the need to create a legal regulation for the system of vacating the mortgaged property in Jordanian law, similar to Egyptian or Palestinian law, and the necessity of establishing a legal systemby the Jordanian legislator to vacate the mortgaged property under the law, as many legislations have done.Also, the necessity for the Jordanian and Palestinian legislators to follow the example of the Egyptian legislator in creating a provision for specific cases in which the holder is compelled to pay the debt.
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Citation
بدر، بيان سعدي. (2021). حق الدائن المرتهن في تتبع العقار المرهون (دراسة مقارنة) [رسالة ماجستير
منشورة، جامعة القدس، فلسطين]. المستودع الرقمي لجامعة القدس. https://arab-scholars.com/a02a4e