Privacy Of Jurisdiction
DOI:
https://doi.org/10.35246/2epfh282Keywords:
right of jurisdiction, real estate, order of jurisdiction, real insurance, creditor, debtorAbstract
The right of jurisdiction is one of the legal systems related to the guarantee, which aims to give the creditor a position that favors him over other creditors. Jurisdiction in bona fide is a consequential real right over the real estate subject of jurisdiction, enabling him to collect his right ahead of all other ordinary creditors and owners of ancillary real rights, from the price of the real estate or any money that replaces it, and in whatever hands it is.
The right of jurisdiction, like the ancillary rights in rem, provides confidence to the creditor through his jurisdiction with a special guarantee that encourages him to grant credit to the debtor, by giving him a sufficient period for fulfillment, which is reflected in the increase in trade exchange and the prosperity of financial transactions in general.
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The Holy Quran
First: General literature on law
I. Eid, Edward, 1978, real estate insurance, real estate insurance, mortgage, lien rights, movable mortgage.
II. Mister, Jack, Putman, Amna Noel, Pew, Mark, 2009, Al-Mutawil, General Section, translated by Mansour Al-Qadi, Majd University Foundation for Studies, Publishing and Distribution. Beirut Lebanon, 1st edition.
III. Ibrahim, Jalal Muhammad, Saad Ahmed Muhammad Mahmoud, 1994, Accessory Real Rights, Official Mortgage, Dar Al-Nahda Al-Arabiya, Cairo.
IV. Ibrahim, Jalal Muhammad, 2010, Accessory Real Rights, without a publisher.
V. Kira, Hassan, without a year of publication, the introduction to law in general, the general theory of the legal rule, the general theory of right, the second section, the Knowledge Foundation in Alexandria.
VI. Dr.. Salama, Ahmed, 1966, Real Insurance, The Official Mortgage, Dar Al-Taawoun for Printing and Publishing VII. Abd, Dara Hammad, 2019, accessory real rights - insurance mortgage - possessory mortgage - franchise rights, Dar Al-Sanhouri, Nabeirut.
VIII. Abdel Bari, Reda Abdel Halim Abdel Majeed, 2009, Property and Subsidiary Real Rights, Faculty of Law, Benha University.
IX. Abdel Salam, Saeed Saad, 2006, Al-Wajeez on accessory real rights (official mortgage, possession, jurisdiction, lien, guarantee), Modern Loyalty Printing Press.
X. Mark, Suleiman, 1990, Al -Ainia Al -Takiliya Rights, Part 2, 3rd edition, legal publications, Lebanon.
XI. Tanago, Samir, without year of publication, real and personal insurance, official mortgage, right of jurisdiction, possessory mortgage, lien rights, guarantee, real estate finance law), Al-Wafa Legal Library.
XII. Houria, C. Youssef Zahia, 2006, The Official Mortgage Contract, Dar Al-Amal for Printing, Publishing and Distribution, Tizi Ouzou.
XIII. Al-Wakil, Shams Al-Din, 1959, The Theory of Insurance in Civil Law, Manshaat Al-Ma’arif in Alexandria.
XIV. Ahmed, Tariq Afifi Sadiq, 2020, Legal Rights in Egyptian Civil Law, National Center for Legal Publications, 1st edition.
XV. Al-Alam, Abdel-Rahman, 2009, Explanation of the Civil Procedure Law No. 83 of 1969, Part 3, Al-Atak Book Industry, Cairo.
XVI. Al-Sanhouri, Abdel-Razzaq, 1970, Al-Wasit fi Sharh Al-Civil Law, the tenth and final part on real and personal insurances, Dar Al-Nahda Al-Arabiya.
XVII. Al-Hakim, Abdel Majeed, Al-Ustad Al-Bakri, Abdel-Baqi, Al-Bashir, Muhammad Taha, without a year of publication, Civil Law and Provisions of Commitment, Part 2, Al-Atak for the Book Industry.
XVIII. Qasim, Muhammad Hussein, Introduction to Law, University Press, Lebanon 2000,
XIX. Mansour, Muhammad Hussein, 2012, the general theory of credit, forms of credit and its guarantees, and traditional and modern means of protecting it, guarantee, official mortgage, right of jurisdiction, possessory mortgage, franchise rights, Abu Al-Khair Printing.
XX. Mansour, Muhammad Hussein, 2009, The Theory of Right, New University House, 1st edition, Alexandria.
XXI. Al-Bashir, Muhammad Taha, without a year of publication, Al-Wajeez fi Ancillary Real Rights, Al-Hurriya Printing House, 1974.
XXII. Al-Bashir, Muhammad Taha, Dr. Taha, Ghani Hassoun, Rights in Kind, Part 1, Al-Atak for the Book Industry.
XXIII. Pasha, Mohamed Kamel Morsi, 2005, Explanation of the Civil Law, Personal and Real Insurance (Guarantee, Official Mortgage, Jurisdiction Right, Possessive Mortgage, Franchise Rights), Al-Ma’arif facility in Alexandria.
XXIV. Morsi, Mohamed Kamel, 2005, Explanation of the Civil Law - Original Real Rights - Real Estate Dispositions Month, Part 7, Al-Ma’arif Establishment in Alexandria.
XXV. Ben Ammar, Moqni, 2015, The Legal System for Franchising Rights, Dar Al-Fikr University, Alexandria.
XXVI. Saad, Nabil Ibrahim, 2014, Real and personal insurance (official mortgage - right of jurisdiction, possessory mortgage - lien rights - guarantee) New University House
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XXVIII. Khalil, Noman Muhammad, 1981, Real Insurance, Modern Cairo Printing.
XXIX. Abdullah, Hoda, A., 2020, regarding real guarantees to the creditor, their provisions and effects, Al-Halabi Legal Publications, Beirut, 1st edition.
XXX. Zahran, Hammam Muhammad Mahmoud, without a copy, real and personal insurances, Al-Ma’arif facility, Alexandria.
Second: Published research and periodicals
I. Al-Kalabi, Hussein Abdullah Abdul Reda, 2018, The content of the contract, a comparative study between the English legal system and the French civil law amended by the legislative decree issued on February 10, 2016, Academic Journal of Legal Research, Volume 16, Issue 1.
II. Hussein, Haider Falih, 2020, Fair Compensation for Expropriation for Public Benefit (Comparative Study), Journal of Law and Human Sciences, Volume Thirteen, First Issue (April), Algeria.
Third: Laws
I. Egyptian Civil Law No. 131 of 1948.
II. French Civil Code of 1804.
III. Algerian Civil Code Order No. 75-85 of 1975.
IV. Iraqi Civil Law No. 40 of 1951.
V. Iraqi Civil Procedure Law No. 83 of 1969.
VI. Iraqi Implementation Law No. 45 of 1980.
VII. Egyptian Arbitration Law No. 27 of 1997.
VIII. Egyptian Civil and Commercial Procedures Law No. 13 of 1986.
Fourth: Foreign books
I. Mazeaud Henri and Leon, Mazeaud Jean, Chabas Francois, Lecons de droit suretesp publicité, 7eme edition montchrestin edition, Paris, 1999.
Fifth: Websites
I. Gibran Masoud, Al-Raed Dictionary, Dar Al-Ilm Lil-Millain, 1992, 7th edition: https://www.alarabimag.com/books/23720%D8%A7%D9%84%D8%B1%D8%A7%D8%A6%D8 %AF%D9%85%D8%B9%D8%AC%D9%85%D9%84%D8%BA%D9%88%D9%8A%D8%B9%D8%B5%D8%B1%D9%8A.html
II. Hussein Abdullah Abdul Redha Al-Kalabi, mortgage of intangible movables, a comparative study, Journal of Legal Sciences, University of Baghdad, College of Law, Part 3, No. 2, 2015. DOI: https://doi.org/10.35246/jols.v30i2.211
III. Fawaz Youssef Saleh, Prof. Dr. Hamid Sultan Ali, the criterion of subordination in civil law, a comparative study, Journal of Legal Sciences, University of Baghdad, College of Law, special issue of research for teaching with graduate students, Part 4/M36/December 2021. DOI: https://doi.org/10.35246/jols.v36i4.500
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