The effects of mortgaging moral movables for the mortgagor in Jordanian law: a comparative study

Abstract

This study deals with the issue of the effects of mortgaging moral rights for the mortgagor in Jordanian law. Perhaps the study of this topic is characterized by special importance because moral rights have a special legal nature, as they involve two parts, a moral part and another financial part, which makes mortgaging them in light of the presence of these two parts of a special nature and increases. The importance of this topic in light of the issuance of the Law on Guaranteeing Rights with Movable Property No. (20) of 2018, as it became one of the. It is necessary to determine the nature of this mortgage, whether it is an insurance mortgage, a possessory mortgage, or a mortgage devoid of possession (subject to publicity). The importance of the research lies in that it clarifies the effects of mortgaging moral movables for the mortgagor. Does the mortgagor have the right to dispose of the mortgaged money, and does he still have the authority to use and exploit it? In this research, we conclude with a set of results and recommendations, the most prominent of which is that the laws under study approve that the content has the right to track the mortgaged moral rights in whatever hand they are if they leave the hands of their owner, provided that their right to confront others is effective. The person to whom the moral rights are transferred does not have the right to invoke the rule of possession by the movable title deed. We hope that the Jordanian and Egyptian legislators will arrange a penalty for breach of the obligation to maintain the guarantee, as the civil penalty may be different. It is often sufficient, especially if the guarantor is in bad faith and deliberately destroys the guarantee and detracts from its value.