المسؤولية عن هلاك الرهن في الفقه الإسلامي و القانون المدني الجزائري

Abstract EN

The possessive mortgage is one of the most important insurances that provides protection to the creditor from the debtor’s bankruptcy or delay in paying back his debt.

However, the possessive mortgage requires that the mortgaged is to be placed out of the hands of its owner, and put in the creditor hands or on thirds party hands, so that the mortgagee will be able to get his credit when the deadline is exceeded.

However, it may happen that the mortgage gets lost from the mortgagee.

In such a case who takes the responsibility of this destruction? The mortgagor or mortgagee? In this article, we will try to answer this problem from the Islamic schools of jurisprudence and the Algerian legislator perspectives.