رهن وثيقة التأمين : دراسة قانونية مقارنة

Abstract EN

A person may need a sum of money and find no one to lend to him, especially if he is dependent on his income.

In this case, others hesitate to lend him for fear of losing their money, either because he is unable to pay or to die before fulfilling their rights and their debt can not be fulfilled by his heirs.

The person may resort to a contract of insurance on himself, and bet on the insurance policy with the creditor lender, so as to reassure the latter to fulfill his debt to the existence of a guarantee that guarantees him to meet his right when the solution.

This mortgage may be made by organizing an annex to the insurance policy signed by the insured and insured, and includes it under the insurance policy, or through an independent contract and declaration of the insured, or accept the latter to the implementation of the right and the right of others.

If the insurance policy is issued to the insurer's order, then the mortgage will be executed against the insured and the third party without the need for a declaration.

If the secured debt was settled and the amount of the insurance together, the mortgagee secured his right from the insurance amount and the remainder to the current debtor.

If the amount of compensation against the mortgagee was not met, he would have recourse to the other current debtor's funds.

Either the solution to the secured debt before the amount of compensation, the mortgagee had to ask for the liquidation of the insurance policy when the conditions of liquidation.

However, if the amount of compensation is settled before the secured debt is settled, the insured can only pay the amount of compensation to both the current and the mortgagee together.

They may request the deposit of the amount of insurance to a third person or a bank, and they may agree to invest it until the secured debt is settled.