أثر هلاك المرهون : دراسة مقارنة بين الفقه الإسلامي و القانون الجزائري

Abstract EN

The study highlighted the impact of the death of the marhoon in Islamic jurisprudence and Algerian civil law, and concluded that Algerian civil law agrees with Islamic jurisprudence in the debtor's current obligation to guarantee the mortgaged, and prevented him from being subjected to any act that truly falls on the mortgaged creditor from His rights are derived from the mortgage document, and the current debtor is obliged to guarantee the loss of the mortgage or its damage, unless the mortgaged creditor causes its death due to injury or negligence in its care, and therefore Islamic jurisprudence and Algerian civil law agree to bear the liability of the death of all those who issued it for the act of aggression.

The result of the death of the mortgaged, and the Algerian civil law has taken the opinion of the Hanafi in including the mortgaged death, whether it is a promise or not