التكييف القانوني لمستثمر الشيء المرهون حيازيا : دراسة مقارنة

Abstract EN

The determination of the creditor's title when investing the encumbered asset is based either on the argument that the mortgagee is a deputy to the current when investing the mortgaged property, it exercises its authority over the encumbered object as an investor for the account and interest of the present, not for its own interest and interest.

To obtain to the illegal benefits, because the current when the mortgagor is handed over to the mortgagee creditor, it is entrusted by the agency implicit in its management and exploitation.

Or that any mortgagee is considered to be independent when it invests the mortgaged property, it shall make an independent investment under the authority vested in it by its inalienable right in the custodial pledge, as the present waives by virtue of the mortgage contract one of its powers as owner, Under which he shall be deemed to be a legal holder of the mortgage on the fruits of the place of foreclosure for the deduction of the net from that of the debt