نسبية فعالية الرهن الرسمي كضمان للديون

Abstract EN

Formal mortgage is one of the most common and important guarantees for its security of debt default, and its effectiveness, immunization and assurance to creditors for their rights cannot be ignored, But the stability of perceptions that mortgages are among the best collateral available to the creditor is redeemed, The question of the effectiveness of the formal mortgage is needed, The effectiveness of a formal mortgage in achieving security cannot be considered olute, and the creditor may be subject to multiple legal conditions that threaten its mortgage right either by impairment or termination, including with respect to the debtor's current rights to the encumbered property as its right to own ownership powers, In particular, what concerns the disposition and exploitation, including the status of ownership of the encumbered property, was the return of the mortgage to a property owned by the buyer or to a property purchased by the current debtor from a seller during the period of cessation of payment or an property located on the land of others.

The creditor may be subject to legal conditions that do not relate to the debtor's current rights to the property or to the status of the mortgage, but to the rights of the creditor to face others, in other words, although the debtor has the restriction to maintain the mortgage status and enjoy preference and tracing finds itself in a position that makes the restriction useless, Sometimes all the rights that a mortgage makes remain, but the case of the legal holder, the new owner of the mortgage, if he chooses to clean up the mortgage and the offer from the creditor is accepted, the value offered may be less than the value of the debt and the encumbered creditor will find itself in a position to weaken the collateral, In general, all of these conditions may weaken and end the mortgage right of the creditor, which makes the effectiveness of the formal mortgage relative to the guarantee.