أحكام إشهار رهن المنقول بديلا عن حيازته و تقييمه في قانون ضمان الحقوق بالأموال المنقولة رقم 42 لسنة 2018

Abstract EN

The Jordanian legislature has introduced a new form of chattel mortgages/moveable property mortgage a dispossessed collateral, through its publication in an electronic record prepared for this purpose, a record which authorizes the system of personal—not landed—declaration.

The researcher has tried through this study to assess the concept of this declaration, its legal nature, procedures, effects and expiry.

The study concluded that the Jordanian legislature’s treatment of this form of moveable property mortgage majorly neglected consideration of the protection of well-intention people assuming their knowledge of the collateral, even if the mortgaged property arrives to them from a financial administrator other than the person listed in the mortgage registration.

Then, it appeared to us that it is impossible to describe many of the movables sufficiently to distinguish them from others, under which the assumption of science is unfair to justice in some of its assumptions so that the assumption of knowledge comes in conflict with justice in some of its injunctions.

The researcher does not wish for the abolishment of this system as much as he wishes for its better organization, such as is the case in its limitations in the securing of large sums, its limitations in companies, its sparing of natural persons, and at the same time prosecuting the representative of the juristic person in the case of the sale of the mortgaged property which was declared and dispossessed.