توزيع حصيلة بيع الأموال المرهونة : دراسة مقارنة

Abstract EN

The proceeds of the sale of the pledged funds shall be distributed among the creditors in accordance with the rules laid down by the legislator in the laws regarding the priority of some creditors in fulfilling their rights before others when the privilege is achieved for them upon execution.

All of them, and if the law does not stipulate the rank of debt, it will be lower in rank than every privilege stipulated for its rank, that is, the right of privilege gives the creditor the holder of the privileged debt the right to precede other creditors whose debts are not privileged or the privilege of their debts is late, and that the law when it decides the privilege For a debt that takes into account only the character of this debt without regard to the person of the creditor, and that the creditor’s fulfillment of his right is from the sums obtained from the sale of the pledged money, which is called the proceeds of implementation, but this fulfillment does not raise procedural problems unless there are several creditors who have the right to fulfillment and the execution proceeds are not sufficient to fulfill their full rights, and for that the legislator intervenes to set rules and procedures for distributing the proceeds of execution to the creditors, and these rules specify the creditors who have the right to participate in The proceeds of the implementation were distributed and the method of distribution was determined, and at the same time, the legislation in question was approved for those who have the right to participate in the distribution, a degree of freedom in this regard by allowing them to agree amicably among themselves on the method of distribution, but under the supervision of the judiciary, and the research concluded that the rules for distributing The proceeds of the sale of the pledged money is a tool that keeps pace with the preservation of rights and delivers them to their owners from the creditors.