Preferential rights on movables in Jordanian civil law

Abstract EN

The Jordanian legislator dealt with the general rules governing preferential rights, indicating the types of excellent rights, arranged according to their degrees.

It divided preferential rights into "general," which refers to all the money of the debtor, and "specific" which refers to a particular amount from the debtor's money.

It distinguished in particularly between the preferential right which applies to the movable, and the other which applies to real estate.

It also distinguished between the rulings on competing preferential rights and set the limit for tracing in preferential rights for movables.

In this humble research, we are concerned about preferential rights on movables and the analysis of the problems that arise in each type and their treatment, always taking into account the position of the Jordanian legislator in articles 1436 - 1445 of the Jordanian Civil Code.

Initiatory words: • Preferential right: A priority that the law determines for a particular right, taking into consideration its character, whereby a certain amount of money is allocated to meet a specific obligation, so that it remains dedicated to fulfilling an insured obligation.

• Movable: The Jordanian Civil Code does not define movable thing, but only defines property and considered that "everything else is a movable thing." • Corporative right: is the direct appropriation by a person of a particular object whose appropriation is determined by law.

• Accessory corporative right: that right which is applied to something to ensure the fulfilment of an obligation.

So, it is based on an original right, and does not exist without it.