حجز العقار المرهون في ظل الأمر رقم 03-11 المتعلق بالنقد و القرض

Abstract EN

The legislator pays attention to the enforcement procedures, however some parties call to minimize the complicated nature of the property enforcement procedures since such procedures might weaken the real estate insurance and discourage the process of obtaining mortgage loan.

Subsequently, the legislator endeavors to set up procedures as make the interest of the mortgage creditor (bank or financial institution) in realizing the rapid execution to assert his right, compatible with the interest of the debtor or the guarantee in kind to protect him from the creditor's abuse during the enforcement process, in one side, and due to the social and economic importance of the property, the seizure of the latter is submitted to particular procedures and provisions, in the other side.