الرهن التأميني للمركبات و إشكالاته في القانون الأردني : دراسة تحليلية

Abstract EN

The insurance mortgage is a sub-ordinate right in rem that arises under a formal contract authorizing the mortgagor to keep possession of the mortgaged property and giving the mortgagee a security to get his debt paid.

According to this security, the mortgagee is equipped with a right to track the mortgaged property and to have implementation on it, if the mortgagor fails to repay his debt, and to get his right paid from its price.

Thus, the insurance mortgage achieves two functions at the same time; it gives the debtor a tool of trust and credit whereby it enables him to provide the creditor with a sufficient security for his right, and protects the mortgagee creditor by giving him the right to enjoy a security that protects him from the risk of insolvency of his debtor, and takes him out of the principle of equality between creditors, and gives him the advantage over other ordinary creditors and mortgage creditors that follow him in rank.

This article discusses an important legal issue with an economic and social aspect; that is the insurance mortgage of vehicles and the resulting legal dilemmas related to the transfer of ownership and implementation, as hardly a house in Jordan is devoid of one or more private vehicles, and in some cases, this vehicle is mortgaged to a natural person or a legal person, such as a bank or company as a security for a debt.