الرهن القانوني المؤسس لفائدة البنوك و المؤسسات المالية في التشريع الجزائري

Abstract EN

Interpersonal transactions are based on trust and credit Therefore, when the bank or any other financial institution grants a loan to any person, whether natural or juridical, he must obtain a guarantee There is no better than legal mortgage as a security in kind, which is in fact only an official mortgage, which is considered the prince of in-kind insurance For in the event that the amount of the debt is not paid by the debtor at the maturity of the maturity, the mortgage enables the bank as a mortgagee creditor to execute on the mortgaged property in order to collect its debt.

Therefore, it is considered an actual guarantee, except that its effectiveness varies with the value of the mortgaged property, so whenever the value of the mortgaged property is very high, considering the value of the debt, the bank’s ability to collect all of its, debts is devoted, but if the value of the property equals or exceeds the debt’s value by a small percentage, the relative effectiveness is that.

The value of this property will decrease further when it is sold by public auction.