Document Type
Original Study
Abstract
The mortgage creditor finds the best security in the mortgaged real estate to document his debt, because the general rules in mortgage give this mortgagor a balance that he would not get if he had relied on the general guarantee of a city. The general guarantee, and therefore this creditor remains in the fear that the debtor will escape his conditions and weaken the insurances provided to the creditors, because this fear is not justified in the context of the mortgage, at a time when it is permissible for the mortgaging debtor to dispose of the mortgaged property, the mortgagee creditor is not harmed by this mysticism because of the advantage of tracking that It is provided to him by the mortgage, as this creditor, at the time of the debt’s maturity, can request the mortgaged property to fulfill his right if the mortgage is valid against the possessor and to protect the rights of the latter. The law provided him with protection, enabling him with specific tools and means to pay the creditor’s claim if certain sale conditions are met.
Recommended Citation
Alwan, Amer Ghanem
(2023)
"Confronting the holder of the mortgaged property with the
authority of the mortgagee in the pursuit,"
Imam Ja'afar Al-Sadiq University Journal of Legal Studies: Vol. 3:
Iss.
2, Article 3.
Available at:
https://ijsu.researchcommons.org/ijsu/vol3/iss2/3