الطبيعة القانونية للكفالة العينية : دراسة مقارنة

الملخص EN

Real security has not been regulated by the legislator, although there are many writings on personal and real insurances, it does not receive the attention of the jurisprudence.

Therefore, the study aims at determining the legality of real security of which the real surety shall give real insurance to the creditor representing in a property as a surety of the debt owed by the original debtor.

The methodology is to mortgage this property as insurance mortgage if the property is real estate or a possessory pledge if the property is real estate or movables.

Hence, the real surety is a kind of insurance of another debt and a mortgage of certain property.

In the pursuit of determining the legality of real security is necessary to define a type of obligation upon the real surety and kind of insurance in order to state the applicable rules of the real surety.