Mortgage Provisions - A Comparative Study -

Al-Qazwini, Zainab Hussein Youssef

doi:10.63677/jqlap.2025.186692

	Mortgage Provisions - A Comparative Study -
AL-Qadisiya Journal For Law and Political Sciences
Volume 16, Issue: 1 part 1, March 2025, Pages 679-690 PDF (720.95 K)
Document Type: Research Paper
DOI: 10.63677/jqlap.2025.186692
Author
Zainab Hussein Youssef Al-Qazwini^*
Faculty of Law - University of Babylon
Abstract
The purpose of the mortgage is to guarantee the performance of the mortgaged debt. If the mortgagee is unable to perform within the specified period, this purpose cannot be achieved, unless the parties to the mortgage contract have concluded a signed agreement between them. Any violation of the provisions of the agreement is considered as the mortgagee bearing the guarantee obligation, except that during this period there is a set of provisions that the contract arranges for its parties. Since insurance is considered one of the most important credit methods, its importance appears here in terms of providing funds to capital owners. As a safe way to invest and earn profitable returns, in addition to ensuring that the debtor gains confidence that he will have enough money to cover his business, given that most projects with economic profit depend on the debtor's financial ability in this type of insurance, as the creditor in the debt mortgage will be responsible, and it returns the benefit to the mortgagor in addition to identifying the rights enjoyed by the mortgagee creditor over the movable property towards his mortgagor debtor.
Keywords
mortgage; debt; Current; Mortgagee

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