أحكام الكفيل العيني في التشريع الإماراتي

الملخص EN

The in-kind guarantor is one of the important topics in the Financial Transactions Law.

However, there is no clear and comprehensive regulation on this in the UAE legislation.

There are only separate texts that do not amount to full covering of such an important topic.

For instance, we find some terms and provisions in Articles (1401, 1417) related to the insurance mortgage from the UAE Civil Transactions Law, as well as in Article (1119) related to the transfer of debt from the same law.

The reference to this term was also mentioned in the UAE Civil Procedures Law No.

11 of 1992, and in particular in the related Articles (294/1) and (295/4), which clarified the procedures for selling the seized money in an executive sale.

In this research, we tried to come up with an integrated theory for the in-kind guarantor, and we reached important results and recommendations that need to be taken into consideration to cover this topic.

Among them is that there is a need to consider the mortgage bond from the implementation bonds to complete the substantive and formal conditions, as it includes a debt of a certain amount that is undisputed and payable.

Another recommendation is to organize a suit for solutions that will enable the in-kind guarantor, after repayment of the debt, to have recourse against the debtor, in addition to other recommendations that we included in the study.