إشكالات رهن العقار بالتخصيص رهنا بالإشهار: دراسة في ظل قانون ضمان الحقوق بالأموال المنقولة الاردني رقم 20 لسنة 201

Abstract

The Jordanian legislator introduced a new form of movable property mortgage, a mortgage devoid of possession, by declaring it in the electronic registry, which is a registry that adopts a system of personal, not real, publicity. Movables that do not have special records as a public asset are mortgaged as a possessory mortgage, and it was not possible to mortgage them without possession in accordance with the provisions of the Jordanian Civil Law, as it represents the general rules, and therefore, through this research, I will address the concept of guarantee and the legal nature of the electronic record and also, the property must be specifically referred to, since our Jordanian legislator has included it within the scope of movable property to which the provisions of this law apply, in Article ( 3/b) of it and addressed its cases and regulated them in Article (20) of the same law, and accordingly, the property is distinguished by specificity in that it combines two characteristics; They are the movable property by its nature and the legal property by assignment, i.e. monitoring. The subject of this research is the study of the terms and conditions of mortgaging the property by assignment subject to publicity and its problems in terms of how the provisions of the property by assignment are organized and the legislator’s attempt to reconcile the two qualities in order to preserve the mortgagee creditor’s guarantees.As a result, it became clear that the Jordanian legislator, when regulated real estate by allocation in the Law of Guaranteeing Rights to Movable Property, did not clarify the intention as to whether it was considered movable according to fate or anticipating time. If that was the case, then why the possibility of separating without harm between movable properties allocated to serve real estate and the real estate by nature wasn’t stipulated.Accordingly, and in light of the outcomes of the study, it was recommended that our legislator add provisions related to mortgage real estate by allocation in the event of post-separation, and we hope that those with experience will hold conferences to explain the provisions of this law due to its use of terminology that is far and broad from the terminology contained in the Civil Code.

Keywords: Mortgage by Declaration, Guarantee, Property by Assignment, Electronic Registry.