الحجز الرهني لمنقولات المستأجر الموضوعة في المأجور – دراسة مقارنة

Abstract

The mortgage is one of the precautionary seizures and is like a guarantee for the landlord to collect his rights from the rent debt and the rest of the compensation from the tenant's money and his right is like a privileged debt that he collects before other ordinary creditors and other privileged creditors who are behind him in the rank of privilege. This is the core of the subject of our research. Most legislations, including our Iraqi legislation, have clarified the privilege rights and created them in legal articles classified and arranged according to an arranged ladder, in descending order, from the top of the ladder to the bottom, taking into account the reasons for granting this right a privilege over others. Among these rights is the privilege of the property lessor because it is no secret to anyone that the lease contract includes many contractual obstacles, including that the lessor does not obtain the rent and other compensations due to him from the tenant within the period specified in the contract or in the law, so the legislator gave him this privilege in collecting his right before other owners of other rights. Therefore, it has become necessary to clarify this guarantee for the landlord through the mortgage seizure of the tenant's movables that he placed in the leased property in order to execute on them and collect his debts due from Its price.