حوالة حق الرهن المشهر و نطاق سلطة الدائن المرتهن فيها وفقا لأحكام قانون ضمان الحقوق المنقولة الأردني رقم 20 لسنة 2022

Abstract EN

This study aimed to show the extent to which the mortgagee’s right to transfer his right to mortgage is carried out as a form of the right assignment in accordance with the Jordanian Transferable Funds Law No.

20 of 2018 in general, and the matter required clarification of the right assignment and the provisions related to it, and then clarifying the provisions for the assignment of a right The mortgage for the contracting parties themselves in the beginning and theextent of its depreciation with respect to others, and it appeared to us that the Jordanian legislator had confused in concept between the assignment of debt and the transfer of right influenced by Islamic jurisprudence, and on the other hand it appeared to us that the Jordanian legislator was not successful in organizing the provisions of the assignment of the right of mortgage in accordance with the provisions of the law Guarantee of Jordanian movable rights, Where the enforcement of the transfer against the right of others is not a condition of the necessity to declare the transfer contract in the register for the publicity of the transferred money, which would harm a person of good faith and who will not be aware of the existence of a transfer on the transferred money pledged whether he is in possession of or transferred to him the ownership of the mortgaged money or the right has been assigned mechanism.

This study also dealt with the provisions related to the enforcement of the publicized mortgage right with respect to the assignor and the assignee, which will be in effect once the transfer contract is concluded and the transfer of the publicized mortgage right is enforced in relation to the assignee and the assignee, in which the legislator stipulated that the assignee be notified of it for its exhaustion or the latter’s approval of it and showed the conditions for the enforcement of the right assignment.

The publicized mortgage in relation to others, in which the legislator did not stipulate the disclosure of the transfer, but assumed the knowledge of others about it as long as the right of the pledge was first known.