Mortgage of movables (towards a new legal regulation of mortgage in Iraqi law)

Section: Article
Issue
Vol. 26 No. 96 (28)

Abstract

The provisions of acting in movable assets in Iraqi law allow for the possibility of reconsidering the texts regulating the mortgage of movables, given the incompatibility of the provisions of the possessory mortgage to rule all movables, which usually require seizure for its conclusion.


The practical application of the mortgage of some movables due to their special nature raises several problems. In order to align Iraqi legislation with the developments in the field of real insurance and keep pace with economic and social requirements, the Iraqi legislator must intervene to amend the laws regulating the provisions of real insurance so that the movable can be insurance mortgaged, in addition to its possessory mortgage, and find an appropriate mechanism to protect the mortgagee creditor in this case.


Accordingly, this study is an attempt to regulate the provisions of the mortgage of movables so that they keep pace with developments at the international and local levels, and in line with the developments that have occurred in the field of mortgage of movables. The study presented some suggestions in a context related to its topic.

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Author

Payam Kareem

Identifiers

DOI: 10.33899/.v26i96.64909

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