Abstract

Among the most important provisions in the official mortgage contract is the right of the mortgagee creditor to encumber the mortgaged property after the mortgage debt has not been paid as agreed. In this way, the law defends the inalienable right of the mortgagee creditor against all infringements. Mortgagee creditor rights may be impacted by legal relations between the debtor and others, so the legislator is keen on granting mortgagee creditors the right to track the mortgaged property wherever they may be. The legislator, however, balanced the rights of the possessor and mortgagee creditor by providing the possessor with rights and options through which he can defend his right of ownership of the mortgaged property, including the right to pay the mortgagee's creditors with all the defenses the mortgagor had against including, but not limited to, prescription payments, fulfillment payments, discharge payments, etc. His rights to a mortgaged property could be preserved through options such as repaying the debt, purifying the property, vacating it, or having the mortgagee commence enforcement proceedings.

Title

مجلة جامعة الخليل للبحوث

Publisher

جامعة الخليل

Publisher Country

Palestine

Publication Type

Both (Printed and Online)

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Year

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Pages

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