21 Feb 2022

The Faculty of Law, University of Karbala, discussed the doctoral thesis tagged “the legal system for the allocation of in-kind guarantees – a comparative study”, the thesis submitted by the student “Abeer Nouri Muhammad Al-Qattan”.
The thesis aimed to show that the assignment of in-kind guarantees is a concept represented in specifying the thing for a specific order, that is, the assignment includes two parts: the first is the assignment and the second is the reason for that assignment, that is, specifying or specifying a specific thing as a guarantee in order to immunize the creditor from the risk that the debtor will not implement his obligation. Privatization has several sources, including an agreement or a legal one, and it may be judicial. The sources of privatization are the same as the sources of guarantee.
The thesis showed that the allocation of these guarantees, i.e. their designation in order to repay the debt, has effects, and these effects are a right of rights for the creditor and correspond to the rights of the owner of the guarantee since by allocating the creditor acquires some rights over the property in place of the guarantee in the period before the maturity of the debt.
In conclusion, the researcher reached a number of results and recommendations, the most important of which is that the rule of non-splitting the mortgage applies to all specific and specific guarantees for a particular debt, as the scope of the allocation of in-kind guarantees includes the agreement guarantees, of which the mortgage is one of its members, and it also includes other judicial and legal guarantees, and there are The rights of the owner of the guarantee before the term of the debt is represented in the right to retain the ownership of the property allocated for the guarantee with his right to rent it. Conditional possession of the security or the paved road by the creditor.

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