النظام القانوني لتخصيص الضمانات العينية (دراسة مقارنة)

The legal system for allocating of rem guarantees (A Comparative Study)

Summary
The Legal System for Allocating of Rem Guarantees
(A Comparative Study)
The assignment of guarantees in kind is a concept represented in specifying the thing for a specific matter, that is, the assignment includes two parts: the first is the assignment and the second is the reason for that assignment, i.e. specifying or specifying a specific thing as a guarantee in order to immunize the creditor from the risk of the debtor not carrying out his obligation.

Privatization has several sources, including agreement or legal and may be judicial. The sources of allocation are the same as the sources of guarantee, and if it were not for the allocation of guarantees, the essential importance of these guarantees would not have emerged, which is the creditor’s right to preference over all other ordinary and next-ranked creditors, in addition to the other benefit that is represented as an authentication tool for the debtor and inform others.

Assigning the guarantee, the reason for which the guarantee was appointed, the parties to the relationship, the creditor and the owner of the guarantee, is one of the subjective aspects of the assignment of guarantees.

The rule of not dividing the mortgage is applied to all the specific guarantees specified for a particular debt, as the scope of the assignment of the in-kind guarantees includes the agreement guarantees, of which the mortgage is one of its members, and it also includes other judicial and legal guarantees. Which may be known in the legal jurisprudence, and some of them may be discovered in the future, provided that they are in kind. The guarantees in kind are the guarantees allocated because the assignment gives them the character of in kind. They may be specified in a document, either official or unofficial, or they may be seized.

The allocation of these guarantees, i.e. their designation for the purpose of repaying the debt, has effects, and these effects are a right of rights for the creditor and corresponding to the rights of the owner of the guarantee, since by allocation the creditor acquires some rights over the property subject of the guarantee in the period before the maturity of the debt, which is represented in preserving the guarantee from loss and damage. And his right over the authority of the owner of the guarantee to dispose of, in addition to his right after the debt is due and not being paid by the debtor to collect his right from the asset allocated to the guarantee and in preference to all creditors and those next in rank. The rights of the owner of the guarantee before the maturity of the debt is the right to retain the ownership of the property allocated for the guarantee with his right to rent it. Conditions of ownership of the guarantee or the road paved by the creditor. The creditor is not entitled to sell the asset allocated for the guarantee without taking legal measures and has no right to own it once his right is not met when it is due.

After this, we do not claim for ourselves to be aware of every stray or subject, or mastery of its forelock, or knowledge of the expected or unexpected problems that arise in it, for these are from the attributes of perfection and perfection to God alone.