انقضاء الرهن الحيازي : دراسة قانونية مقارنة بالفقه الإسلامي

الملخص EN

Has called the need the human on tacking from non him and orginal money-lender trust is in borrower and but money-lender trust is in borrower , this trust his non trust sure because do not tackling clutching and accomplishing this from through money exit taken from borrower or agent him and enter the gaging or from charecter or substitution him .This paper addresses a problem which has not been under discussion in details in the Iraqi legal literature which the end of mortgage.The paper discussed the issue in the Iraqi law , Islamic jurisprudence , and Egyptian law.The paper has been divided into five sections: the first one was about the performance of the original debt , the second one was about the holding of the mortgager and mortgagee, the third section focused on the liberation of the mortgaged property.The fourth section was about absumption of the mortgaged property.The last section was about abnegate of the mortgage.

The paper finally suggested that the termination of mortgage should be under the Iraqi legislature consideration by enacting new provisions which regulate the termination of mortgage in more details.