Provisions of a Profitable Deal in a Possessory Mortgage (A Comparative Analytical Study)

Abstract

There is no doubt that the possessory mortgage enjoys an important position in the consideration of the legislator, who has given it many advantages that make it a distinct system in which flexibility is clearly evident; and among the features of this flexibility is what the legislator has given the ability for the mortgagor debtor, which has made him able - despite the transfer of possession of the mortgaged movable to the mortgagee or the justice - to sell it if it is estimated and the sale represents a profitable deal. Whatever the case, this flexibility that the possessory mortgage is adorned with is not absolute flexibility, but rather is restricted by the role of the judge, who cannot be obscured in this sale; he is the one who grants permission to sell first, determines the conditions of the sale second, and decides on the issue of depositing the price third. Therefore, the aspirations of the parties to the contract may conflict, considering that the contract is the law of the contracting parties and the regulatory role of the judge, which is considered a legislative obligation that cannot be delegated to these parties; For these and those, and for the problems that may result from these roles if the roles are not clearly identified, this research came to remove the veil from the circumstances of this idea.