The Position of the Guarantor in the Mortgage Contract
Keywords:
Guarantor, Mortgage, Legal Position, Legal Defenses.Abstract
The mortgage contract grants the mortgagee a subsidiary real right, guaranteeing the fulfillment of his rights from the debtor. Its purpose and objective are to ensure the fulfillment of the obligations owed by the debtor. It is a legal means of protecting transactions, stabilizing dealings, and increasing trust and credit. Furthermore, the guarantor is granted the right to recover the creditor's rights from the debtor, while enjoying the defenses that the debtor could have presented to the creditor. Clarifying the legal position of the guarantor in the mortgage contract is important to avoid situations that resemble this behavior.
References
First: Legal Books
1 Dr. Ahmed Mahmoud Saad, Personal and Real Insurance in Egyptian and Yemeni Law, Suretyship and Pledge of Allegiance (A Comparative Study), Dar Al-Nahda Al-Arabiya, Cairo, 1st ed., 1990.
2 Dr. Jaber Muhammad Saeed, Creditor's Recourse against the Guarantor, Dar Al-Kotob Al-Qanuniya, 2010.
3 Dr. Raad Adham Abdel Hamid, Dr. Nawzad Siddiq Suleiman, The Surety Contract: A Comparative Study in Islamic Law and Sharia, Journal of the College of Law for Legal and Political Sciences, University of Kirkuk, Volume Two, Issue Five, 2013.
4 Dr. Samir Tanago, Personal and Real Insurance, no publisher, Alexandria, 1966.
5 Dr. Salah Al-Din Al-Nahi, Vol. 2, Dar Al-Ma'rifa Press, Baghdad, 1953.
6 Dr. Adnan Ibrahim Al-Sarhan, Explanation of Civil Law, Named Contracts (Contracting, Agency, Guarantee), 1st ed., Dar Al-Thaqafa Publishing House, Amman, 2009.
7 Dr. Ismat Abdul Majeed Bakr, A Brief Introduction to Named Civil Contracts (Guarantee), no edition, Zainiya Law Publications, Beirut, 2018.
8 Dr. Ismat Abdul Majeed Bakr, A Brief Introduction to Named Contracts (Guarantee), Law Publications, Beirut, 2018.
9 Dr. Ghani Hassoun Taha, Dr. Muhammad Taha Al-Bashir, Accessory Real Rights, Ministry of Higher Education and Scientific Research Press, Baghdad, 2014.
10 Dr. Ghani Hassoun Taha and others, Real Rights, Vol. 2, Baghdad, Legal Library, 4th ed., 2010.
11 Dr. Fathi Abdul Fattah Al-Shawi, Provisions of the Guarantee Contract, Manshaat Al-Maarif, Alexandria, 2002.
12 Dr. Mohi El-Din Ismail Alam El-Din, Principles of Civil Law, Real Rights (Original and Accessory), Dar El-Gebel Printing House, no date.
13 Dr. Nabil Ibrahim Saad, Real Securities (Official Mortgage, Right of Jurisdiction, Possessive Mortgage, Privileges), Dar El-Jamia El-Gedida Publishing House, Alexandria, 2005.
14 Dr. Nabil Ibrahim Saad, Real and Personal Securities, Beirut, Al-Halabi Publications, 2010.
15 Dr. Suleiman Marcus Al-Wafi, Explanation of Civil Law in Real Rights, Vol. 2, no date, 3rd ed., 1994.
16 Abdel Fattah Abdel Baqi, Provisions of Egyptian Civil Law, Real and Personal Securities, 2nd ed., 1954.
Second: Theses and Dissertations
1 Aqeel Fadhel Hamad Al-Dahhan, "The Subordination of Insurance to the Original Obligation in Civil Law, A Comparative Study in Islamic Jurisprudence," Master's Thesis submitted to the College of Law, University of Baghdad, 1999.
Third: Research
2 Dr. Ghani Risan Jawor, "The Legal Regulation of Supplementary Insurance in Mortgage, A Comparative Study," a research paper published in the Journal of the College of Law and Political Science at the University of Iraq, 2022.
Fourth: Laws
3 Egyptian Civil Law No. 131 of 1948.
4 Iraqi Civil Law No. 40 of 1951.
5 Iraqi Real Estate Registration Law No. 43 of 1971.
