AL-Qadisiya Journal For Law and Political Sciences

التكييف القانوني للكفالة العينية (دراسة مقارنة تطبيقية)

https://doi.org/10.63677/jqlap.2021.180369
Volume 12, المؤتمر العلمي الدولي الافتراضي الاول لطلبة الدراسات العليا في كليات القانون
Spring 2021
Pages 403-439
AL-Qadisiya Journal For Law and Political Sciences

Author

م. د. مريم عبد طارش ياسين

AL-Qadisiya Journal

Abstract
The communication way between the two types of insurances personal and real is " the real guaranty '', it is from one side guaranty ( so it has a personal feature ) , and from another side real ( so it has a real feature )So we said that it’s the communication way. It is known that the money which is the object of real insurance , may be presented by the debtor itself , and this is the general rule , or presented by another which is named in this case ( real guarantee ) who ensures the reimbursement of the debt which he guaranteed by that money , and the creditor enjoys the real right dedicated for him on the money of the real guarantee , and he has the advantages that he would have had if the real insurance was presented by the debtor ; as priority and following this money , so real guaranty make us away from the principal of equality between creditors , so the simplest definition for real guaranty is considering it as a mortgage presented by others not by the debtor .



 

Keywords

Personal insurances
in-kind insurances
dual theory of obligation
guarantee contract
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  • Receive Date 27 August 2023
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