غلق الرهن في الفقه الاسلامي و القانون المدني: دراسة تحليلية مقارنة

Abstract EN

The closure of the foreclosure of the subjects related to insurance in kind since it was common Arin ignorance that the current, unable to perform its debts mortgaged mortgage money out of the ownership to the creditor of the mortgagee, so the closure of mortgage is a term used by Islamic jurisprudence to include the case that the creditor agrees mortgagee With the current debtor that when the debt is due and not fulfilled, the mortgagee will have the right to own the mortgaged property at a price equal to the debt owed or at a higher or lesser price, because it weakly explains the position of the current debtor whose religion is often believed to have been fulfilled, If the mortgage contract is agreed upon To this condition, the condition alone is false, but the mortgage contract remains true, but note that sometimes the subject of foreclosure in the life of the transaction and transactions between individuals has its benefits and importance, but the condition of the establishment of specific restrictions so as not to be excessive in their application came the Iraqi legislator in the text of article 1301 of the Iraqi Civil Code by virtue of the olute nullification of the mortgage clause and not as facilitated by the Egyptian and UAE legislators in the possibility of closing the mortgage in specific cases,