الأحكام المستحدثة في المال المرهون في نظام الرهن التجاري السعودي الجديد

Abstract EN

This study is concerned with the meaning of pledge deposit in the new Saudi System.

It refers to an agreement by virtue of which the debtor or sponsor retains cash as a collateral deposit.

This agreement has several features as it could be applied to movable assets except for real estate.

It creates a collateral for an economic debt as for the debtor; and further creates a material consequential right for the creditor.

In this study, the researcher has shed light on substantial differences between the historical and new pledge deposit.

Several differences have been detected as follows.

In the past, the regulator has not expressly stated any ban on pledging the monies of estates and future wills.

On the other hand, the regulator has stated so in the new system.

In the new system, the regulator has allowed pledging public monies wherein no difference is made between the monies of the pledger and monies of other partners.

Additionally, the regulator in the new system has provided solutions for the relevant issues once pledge is made on public monies – a matter that was not stated by the regulator in the historic system or referring to any provisions.

Moreover, the regulator in the historic system did not tackle the issue for redemption of bank accounts and deeds; rather, the regulator is willing to widen the scope of pledged monies in the new Saudi Pledge System according to current accounts, investment accounts and savings.

In the newly introduced system, the regulator has allowed pledging such deeds to cover instruments in circulation and corporate stakes – a matter that has not been stated in the historical system.

Other differences can be identified after reading the study.