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الاتفاقات المعدلة لاجراءات التنفيذ على المال المرهون : دراسة مقارنة == The amended agreements of implementation measures on property mortgaged A comparative study
Author name:
زينب حسين يوسف الغرابي
Supervisor name:
منصور حاتم محسن الفتلاوي
General topic:
Law
Specific topic:
Civil Law
Degree:
Master
University:
University of Babylon - Faculty Of Law - Department Of Private Law
Language:
Arabic
University location:
Babylon
First pages:
13T1708 - p.pdf
Abstract:
All the legalities has considered the agreement of creditor and dobter on possessing indebtedness in the Cass of not giving the indebtedness in this precise time or in the case of selling it without using the procedures that law has given it, it is considered that the agreement has been crected (setted up ) in the attitude of getting the creditor's debt which is guaranteed , that this agreement is not in the right or exact way of the procedeures of the law ,therefore the law has prevented justlike the agreement ,because these agreements on going to expliocts the creditor and making harm for him .which is coming from the weakness of his financeis position ,Although the Islamc's Jurisprudence has limited the norm (term ) of the agreement of possessing the in deebtedness ,but the Islamic Jurisprudence never limite the notion of agreement of selling without passing (proceeding) with this lawful procedures ,so it can be con cluded inclusively through the procedures which has limited by the Islamic Jurisprudence. Especially the creditor as the agurautee to get his debt ( rights) which is represented by allowing it through giving by the debtor , it can be referred to that .These agreements cannot be with on view but in different pickers , which are different according to the period of the agreements and the contract related do it, whether the contract is mortgage or possessing ( acquiring).Leading to that. They agreements are considered illegal when it is concluded (confirmed ) through it is confirmedinitially or after the confirming the contract before the time of the debts ,but it will be allowed it. If it is coming after the time of debt , the Egyptian's . Law was the enlarge who allowed that in the article mam (1052/2) concerning with the agreement of possessing the indebtedness , but the lawful Jurisprudence has intended to say that ,and this agreement is right the agreement of selling without going on the procedures which have been mentioned , according to the right agreement on the way of possessing indebtedness . if this indebtedness has confirmed after the time of period of the debt .this means that the agreement of selling without going on the procedures or the agreement of the possessing. Should be in the stage of performance ( consuming).Until is verified ( confirmed) the material in surance.(credit in - kind ) ,which is represented of getting the creditor of his debt ,as guarantee for him besides it is considered as a credit for the current who is getting on what he has got of money , that is the reason which makes the law avoid any agreement that canbe erected (Settled up) the procedure that the law has determined except the case of selling that vanished the mortgage ( the sales wafaái) which has been prevented by the Egyptian's law and the vanished French law ,but after the des patch of the decree no. 23 - 3 - 2006 that confided if there are many kinds of warren tees
