التكييف القانوني للكفالة العينية : دراسة مقارنة تطبيقية

Author

ياسين، مريم عبد طارش

Source

مجلة القادسية للقانون و العلوم السياسية : مجلة علمية محكمة نصف سنوية

Publisher

University of aI-Qadisiyah College of Law

Publication Date

2021-12-31

Country of Publication

Iraq

No. of Pages

37

Main Subjects

Law

Topics

• Comparative analysis
• Financial guarantees
• Persons
• Subprime mortgage

English Abstract

The communication way between the two types of insurances personal and real is " the real guaranty '', it is from one side guaranty ( so it has a personal feature ), and from another side real ( so it has a real feature )So we said that it's the communication way.

It is known that the money which is the object of real insurance, may be presented by the debtor itself, and this is the general rule, or presented by another which is named in this case ( real guarantee ) who ensures the reimbursement of the debt which he guaranteed by that money, and the creditor enjoys the real right dedicated for him on the money of the real guarantee, and he has the advantages that he would have had if the real insurance was presented by the debtor; as priority and following this money, so real guaranty make us away from the principal of equality between creditors, so the simplest definition for real guaranty is considering it as a mortgage presented by others not by the debtor.

Data Type

Conference Papers

Record ID

BIM-1269577

• APA
• MLA
• AMA