نظام الرهن القضائي ضمانٌ لحق الدائن المرتهن ( دراســـة مــقـــارنــــة )

Rp-The Judicial Mortgage System is a Guarantee of the Right of the Mortgagee Creditor ( A comparative study ).pdf

In this thesis, we review, through the analytical method compared to the French, Algerian and Moroccan laws, the justifications for the legalization of the judicial mortgage, as one of the judicial guarantees, which arrange an accessory real right that gives its owner the advantages of progress and tracking, as one of the guarantees granted forcibly to the debtor, which is called in Moroccan law a compulsory mortgage, and we also deal with an image A recent judicial mortgage that is not known in the Algerian and Moroccan legislation, which is the temporary judicial mortgage, according to the developments of the new French implementation law amended by Decree No. 783 of 2012. By highlighting the advantages of the temporary and final judicial mortgage system, and suggesting appropriate amendments to address these systems in our civil system, in a way that encourages the Iraqi legislator to adopt it and codify it in civil law, execution law, and civil pleadings. “The judicial mortgage is one of the accessory rights in rem, which is determined according to the ruling of Q Damage to one of the creditors on the real estate or real estate of his debtor, based on a final, enforceable judgment issued obliging the debtor to pay the debt. Where the creditor fulfills his right when the debtor refuses to implement his obligation according to this judicial ruling, all his debts from the real estate or real estate that were mortgaged in the interest of his debts. While the most important recommendations that we reached are represented in the legalization of the judicial mortgage in the civil law, as an insurance in kind and a third mortgage under the name of the judicial mortgage because of its greater indication of its judicial nature. In addition to codifying the temporary judicial mortgage in the execution law, similar to the French legislator, to provide more guarantees to creditors and preserve their rights under the name of the “temporary judicial mortgage”. Finally, we conclude our recommendation with a draft amendment to the Iraqi Civil Code, similar to the comparative legislation that regulated the judicial mortgage.