استثمار الدائن المرتهن للشئ المرهون وإدارته (دراسة مقارنة بين القانون المدني و الفقه الإسلامى)

Abstract

Summary Credit is deemed an important tool for financing the production projects whether with capitals or goods and services, and this finance is done along with giving the debtor a period for repay. And granting this period nictitates presenting the guarantee or the insurances to insure for the creditor that he will get his right; so insurances are deemed a positive step towards the revivification and stability of the financial relations among individuals as they secure them against the credit hazards threatening them, and the feature distinguishing this possessory mortgage from the other material associated rights is the transmission of the material right issue from the hand of the mortgagor (debtor or material retainer) to the hand of the mortgaging creditor or (the notary). This transmission establishes the possessory mortgage right in positive legal systems, similar to some schools or doctrines of Islamic Jurisprudence, and if we are examining the possessory mortgage with what it takes of transmitting the possession of the mortgage issue, this transmission of the possession entails obligations and rights on contract parties, as the mortgagor is committed to pay the expenses and the expenditures in addition to his commitment of guaranteeing the mortgaged thing damage