Investment of Mortgage in Pledged Property
DOI:
https://doi.org/10.35246/jols.v38i1.610Keywords:
Mortgage, Mortgage Investment, Exploitation of Mortgaged Property, The Obligation of Mortgage PropertyAbstract
The investment of something mortgaged is defined as the creditor's use of the mortgaged object within the possessed guarantee, so that it will produce certain profit increasing its produce when he uses that for himself or rents it to somebody else or to the creditor himself after discounting his produce from the debt of the mortgagee. The investment of the object mortgaged is the right of the creditor and a commitment imposed upon him simultaneously. If he execute his commitment of investing the mortgaged object which adds a fruit to the produce, the fruit can be discounted from the debt of the mortgaged object; that is to say, a clearing is made between the fruit of the mortgaged object and debt that stands for the object mortgaged. If the creditor violates his commitment, the mortgagee has the right to draw the object mortgaged from his and had it to the juridical person, and the mortgaged has to completely pay the guaranteed debt imposed upon him, so that he can restore the mortgaged object even though before the specified time.
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References
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viii. Publication
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xi. d. Khalil, Majdi Hassan, 2005 AD, The Right of the Possessive Mortgage Creditor to Invest the Pledged Thing, Dar Al-Nahda Al-Arabiya Cairo,.
xii. Al-Shaheen, Muhammad Al-Saeed Rushdi, 2003, The Works of Management and the Works of Administration in Private Law, a full PhD dissertation Law, Ain Shams University,.
xiii. D. Al-Bashir, Muhammed Taha and Dr. Hassoun, Ghani Taha, the consequential rights in rem, Part 2, Al-Atak publisher for the book industry, Cairo, distributed by the Baghdad legal library, without mentioning the year of publication.
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xv. Skaiker, Muhammad Ali and Morsi, Moataz Kamel, 2005 AD, explaining the civil law, in-kind and personal insurances, Knowledge Manshaat Alexandria,.
xvi. Dr. Shanab, Muhammad Labib, 1975 AD, Lessons in Real and Personal Insurance, Dar Al-Nahda Al-Arabiya, Cairo.
xvii. Dr. Zaki, Mahmoud Jamal Al-Din, 1979 AD, Personal and In-kind Insurance, 3rd Edition, Dar Al-Shaab Press, Cairo.
xviii. D. al-Deeb, Mahmoud Abd al-Rahim, 2007 AD, provisions for investing mortgaged money in civil law, Dar al-Fikr al-Jami`. Alexandria.
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Second: Laws
i. Egyptian Civil Law No. (131) of 1948.
ii. The explanatory memorandum of the Egyptian Civil Law.
iii. Iraqi Civil Law No. (40) of 1951 [21] Iraqi Evidence Law No. (107) of 1979 [22] Iraqi Investment Law No. (13) of 2006.
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