دراسة مقارنة : رهن الحصة الشائعة

Abstract EN

The commonality of legal cases many falling in everyday life, which is often the source material fact represented death and what Arranges effect of cases of the prevalence among heirs in the estate as well as legal actions and the text of the law as a second source for the spread as a partner Partner in common owner of a share of common ownership of the full and has the right to dispose of all types and behaviors, including the mortgage, but the partner does not have its share of proved and that may be mostly non-detachment or proved that the secretory part of the common money or all the money is common, causing many of the problems resulting from conflicts of interest between the partners so enter the legislature to regulate the mortgage share common whether this mortgage by insurance or Possessory following the method of referral provisions possessory pledge to mortgage insurance, as in Article 1329 of the Civil Code of the Iraqi and Article 1098 of the Civil Code of Egypt since cut this referral for civil law of the Iraqi conflict on is permissible mortgage share common as taking the latter idea workarounds in kind in the case of a mortgage issued by all the partners, which goes against the Egyptian civil law, which took this idea to its launch, and is aware of mortgagee condition common is essential to its mortgage share common as in the case of non-science mortgagee condition common is entitled to revoke the mortgage contract for a mistake, especially after taking into account the mortgage partner for money is common not located not in the amount of its share only making the mortgage is not effective against the other partners, even if authorized partners this foreclosure to take place, they become act as guarantors eyes and not Wagesr for this money.