مفهوم الضمان الطولي : دراسة مقارنة بين القوانين المدنية و الفقه الإسلامي

Abstract EN

The term longitudinal security due to invent some doctrine Imami scholars of Islamic jurisprudence, However, the term remained tied between his research and explanations of his students, Which was not more than a face- known problem to solve , " the multiplicity of guarantors and secured one " So tried to search here use the term and developed to serve the legislative and judicial fact, as meant by the term longitudinal guarantee is the person next to nothing or an extension of the debt ( along ) to ensure that the previous person, And that has been chosen to be the title for this search.

The term longitudinal guarantee albeit not remember civil laws and books explaining her , but the theme is the multiplicity of guarantors, Which will focus on the analysis and study, As mentioned in the Iraqi civil Aleghannon explicitly as in Article 134/1, The content has been mentioned in several places , including the contract curious as in Article 135/4 Iraqi civilian, On the subject of irregularity , as in Article 198/1 Iraqi civilian, On the subject of bare as in Article 855/2 of an Iraqi civilian , and other.The longitudinal security to be discussed is the succession of guarantors on one thing or the same religion , where there is a guarantor of the first thing , religion , and then after a long established any underwriter later, Meant by the term " longitudinal " that there is a guarantor later located him to ensure everything had to be played by the first owner of the guarantor to the eye or the creditor without detracting first responsibility of every guarantor guarantor toward the former owner.