المسؤولية العينية الناجمة عن سرقة الضمان في القانون المدني : دراسة تحليلية مقارنة

Abstract EN

Civil Responsibility never stands but in result of the existence of the thing under the custody of the indebted, being the responsible, as to be pledged to the handgrip upon a specific thing.

This responsibility evolves upon the shoulder of the person who steals the guarantee, the stealing that does never occur only by taking the movable thing which is under a guarantee from a person not entitled to take it, this person may be the owner of the movable thing or someone else other than him.

If the guarantee was stolen by someone else, there would happen two stealings, the stealth of the thing itself and the stealth of the guarantee that falls upon that thing.

Those towards whom the stealth is directed would be two persons: the owner and the person to whom the real right is accrued upon the stolen thing.

Each of them is entitled to ask for restoring the “guaranteed stolen thing” and ask for compensation of prevention.

While if the stealth is committed by the owner then only one stealing would happens and that would only impinge the guarantee, and the owner of guarantee could restore it in real without prejudice to the rights the good-faith else acquired in the period between the loss of the thing and its coming back to him.

The indebted responsible in the real responsibility would keep liable for giving back the movable thing to which sticks someone else’s right as long as it is existent.

While if it perishes, whether materially or legally, his real responsibility will end and turn into a personal responsibility.