تزاحم الدائنين في نطاق التأمينات العينية : دراسة مقارنة بالفقه الإسلامي

Abstract EN

In view of the weakness of the general guarantee and the many risks it poses to the creditors' rights which the debtor owes, the general guarantee is on all the debtor's money and not on the specified money.

The debtor may then dispose of the money and remove it from its financial liability.

Moreover, the creditors Are equal in the general guarantee, there is no preference for each other and thus participate in the implementation of the debtor's money may be insufficient, which leads to the sharing of the debtor's money divided by the elders and creditors do not get all their rights, so the collateral appeared, including the right of foreclosure that gives the creditor pledge when the right to transfer In the fulfillment of his debt from the debtor's money, by allocating to him certain money to meet his right at the end of his time, without being disputed by anyone on the price of this money (mortgaged money) after he was involved in the debtor's money all the persons who may have the right to the debtor when The general guarantee is the prevailing, but the mortgagee may be subject to encroachment despite the right of advance granted under the mortgage contract, and the result of contention may sometimes result in the creditor losing the right to advance.