أثر الرهن الرسمي بالنسبة للراهن في القانون المدني الكويتي : دراسة فقهية مقارنة

الملخص EN

Civil law is important in people’s lives because it regulates them; And because it has a direct relationship with their financial transactions, such as buying, selling, mortgaging, and so on, and based on this importance, this research came as a comparative jurisprudential study of the issue of the effect of the official mortgage on the mortgagor in the Kuwaiti civil law, through which he explains some articles of the Kuwaiti civil law.

I explained what is meant by it, and what it relied on from the legal evidence or the origin from which the rulings are derived, and I mentioned the opinions of the jurists, if any, and mentioned their evidence, discussion and weighting, or by graduating on the known rules and principles of Sharia, and attributing the sayings and evidence to their original sources, then indicated the approval or violation of the law for the provisions of Sharia, and that The examiner of the articles of the law finds that the Kuwaiti civil law did not adhere to a specific doctrine of jurisprudence in the subject of the research, and in the formulation of the law we note that it took into account the interest and custom to a great extent, and that some articles of this law are compatible with the articles of the Arab civil laws: Egyptian, Syrian, Jordanian, and Moroccan, Rather, they are in great agreement with the Egyptian law, and Kuwaiti law violated them in a few places, with Kuwaiti law distinguished from other laws in that it stated some provisions that were not authorized by them.