حالات تجهيل الرهن الحيازي : دراسة مقارنة مع الفقه الإسلامي

Abstract EN

Mortgage is an in-kind insurance contract, which is of great importance in the course of credit, as it is considered one of the most important credit contracts at present, because it provides protection to the creditor in obtaining his debt, when insolvency, or the debtor's failure to pay his debt on it, and the source of the obligation may be agreement, law or judiciary, and the creditor often seeks to ensure that his right is fulfilled in various ways.

But there may be a mistake by the mortgagee because of his negligence, or negligence and the ignorance of the living mortgage, and after his death when the current demand for his money does not find it, because of the mortgage, here we stand in the face of a problem except that the mortgaged money is not disclosed, so the mortgaged money is lost, and the problems that may arise due to ignorance about the commitment of the heirs to that mortgaged money and the disputes that may occur between the heirs of the mortgage and the current.

Therefore, we will show in this research the concept of the ignorance of the Possessory mortgage and the statement of the cases in which the ignorance of the living mortgage occurs and the impact it has on it.