ضَمانات مُرتَهنْ المنَقول المَعنَوي (دراسة مقارنة بالفقه الإسلامي)

mortgaged Guarantees of the legal movables (A comparative study with Islamic jurisprudence)

Moral transfers are of great importance as economic and investment funds and need their continued investment for their existence and survival; With the availability of credit to help the owner to cope with the crises, the required credit can be obtained with certain guarantees, including the right to mortgage, However, their mortgage is not subject to material transfers based on physical possession. in which the possession and imprisonment of the mortgage constitutes the strongest safeguard against the current conduct of the injured mortgage.
This leads to the question of how the encumbered person may require his or her right when he or she fails to fulfil it or when the debtor acts with the encumbered person, and what guarantee can he or she satisfy his or her right and does not have the right to imprisonment of the encumbered person? This is also what Islamic jurisprudence meant. This is what Islamic jurisprudence does not take. Thus, a mortgage made upon its entry into force on the debtor’s right to declare or accept such an encumbrance is effective against others from the date on which the mortgage is recorded in a fixed-date paper and the debt bond is handed over to the mortgage for transferees not subject to the registration of its mortgage. s mortgage “, since movables subject to registration are effective from the date of registration of the mortgage received. From the effective date, the encumbered person enjoys guarantees enabling him to fulfil his right of progress, namely, the right to fulfil his or her current debt and the right to trace and fulfil his or her rights. These guarantees remain when the mortgage remains and if the mortgage expires, the mortgage shall expire accordingly.
A question also arises as to the extent to which the Iraqi legislature regulates moral transferee’s guarantees, and is there a legislative vacuum regarding them in the Civil Code? These guarantees are regulated by the Iraqi legislature in the Civil Code as a consequence of the moral transferee’s mortgage. The provisions of the official mortgage provisions for female transferees subject to registration and the provisions of the possession mortgage for the physical transferor in respect of moral transfers subject to symbolic possession