التكييف القانوني للكفالة العينية (دراسة مقارنة تطبيقية) | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 12, المؤتمر العلمي الدولي الافتراضي الاول لطلبة الدراسات العليا في كليات القانون, April 2021, Pages 403-439 | ||
| 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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