أثار تحرير المرهون تأمينيا في القانون المدني

Abstract EN

Liberating the mortgaged insurance is of great importance in practical life, as it facilitates the process of selling and circulating mortgaged properties, especially today we see an increasing situation of real estate, borrowing by mortgaging the property, and this surely has a positive impact on the public interest, as through it the holder can avoid direct foreclosure procedures.

ownership.

the holder of the mortgaged creditors offers the value of the mortgaged property.

if this offer is accepted by all the creditors.

then the property is freed from the burdened rights, but if the holder's offer is rejected by the mortgagee creditors or guarantors, then the mortgaged property is sold by public auction.

the liberation of the mortgaged property is subject to the expiry of all rights in rem registered on the property, whether the liberation is done by the stability of the ownership of the possessor or by awarding the auction to the non-holder.

therefore, we will show in this research the effects of liberating the mortgaged property, whether the creditors accept the holder's offer or reject this offer.