The Provisions of Execution of Unacquired Pledged Property within the Framework of Jordanian Guarantee of Rights through Movable Property Law

Abstract

This study dealt with provisions of execution of unacquired pledged property within the framework of Jordanian Guarantee of Rights through Movable Property Law in its two consensual parts, which is considered an exception to the general rules of execution on the debtor’s property as the law requires debt maturity for validation. Also, the agreement between the mortgagor and the mortgagor on the execution out of judicial execution procedures.

the second mean of execution is the judicial, which is one of the options granted to the mortgagee to with special conditions and procedures that differ from the procedures stipulated in the Execution Law, including shortening the time and simplifying the execution on the unacquired pledged property.

The study reached several recommendations, the most important of which are the regulation of the procedures for judicial execution unacquired pledged property within the framework of Jordanian Guarantee of Rights through Movable Property Law when in dept; similar to the movable property mortgage and not relying on the general rules stipulated in the Execution Law due to the special nature of reservation and execution mortgaged property if it is a debt