استخلاف المرتهن في الرهن الحيازي : دراسة مقارنة بالفقه الإسلامي و القانون المقارن

Abstract EN

It is well known that a tenure contract, under which the right of the mortgagee confines the mortgagee, is considered to be one of a range of in-kind subordinate rights that do not exist for themselves, but are in support of another right, and need to exist in it.

He has the right to incarceration for the purpose of avoiding the risk of a debtor's failure to meet or delay him, which makes the bond of commitment stronger between the parties and confirmed, while the current represents the debtor party, which is either owed the debtor of the debtor or guarantor of a person who owes the debtor to the debtor.

The right of the mortgagee to disagree, even if it is proved in the first place to the mortgagee, can be proved in certain cases by another person who is a substitute for the mortgagee by holding the mortgagee under his hand, the deputy of the mortgagee, which is not subject to the provisions of the prosecution which makes the legal disposition of the principal inherent in all cases.

In fact, this prosecution on behalf of the mortgagee in the disagreement may sometimes be made by a person acting on behalf of the mortgagee, but the legal action goes to him and this deputy is called just or third person or the Secretary.