Late of civil protections Measures for the creditor's right to general Insurance

Faris, Khudayr Mukhif

doi:10.63677/jqlap.2025.186686

	Late of civil protections Measures for the creditor's right to general Insurance
AL-Qadisiya Journal For Law and Political Sciences
Volume 16, Issue: 1 part 1, March 2025, Pages 597-620 PDF (1.18 M)
Document Type: Research Paper
DOI: 10.63677/jqlap.2025.186686
Author
khudayr mukhif faris^*
Karbala University/Center for Strategic Studies
Abstract
The subject of late civil protection is the creditor’s right to the general guarantee of importance in legal studies. The legislator has placed under the protection of the creditor to preserve the general guarantee that is intended to protect his rights, several means, including those used against the most important debtor, such as non-renewal, and another against the debtor’s fraud, such as a lawsuit for the invalidity of the transaction, and it is called late, since its use is delayed after the creditor’s right is proven and does not prevent the occurrence of the danger, but rather is expected from its occurrence. And its arrangement by preserving the general guarantee did not come first, so that the law grants the creditor, by virtue of the indirect suit, the authority to directly enforce the rights of his debtor on his behalf, not in his personal name, unlike the suit of non-enforcement, which is in the name of the creditor, not in the name of the debtor. And it is required that in order for the creditor to be able to file these two suits, the conditions be met, whether in the creditor or the debtor or the right he uses or the disputed action, according to the type of suit. When these two claims are proven, their effects are established as in a claim with the continued availability of the creditor’s status in it and the absence of cases of its denial,
Keywords
action; action for non-enforceability of the action; creditor; debtor; general guarantee

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