Journal of Islamic Law Research

Journal of Islamic Law Research

Collateral by Operation of Law

Type : Research Article

Author
Abstract
Sometimes, with the permission of the legislature and without an agreement between the creditor and the debtor, certain property of the debtor is placed in mortgage for the rights of creditors. We will call this type of security “statutory security.” This legal entity, by obtaining the right of pursuit and preference from the law, serves as an important exception to the principle of equality of creditors—an exception that favors some creditors over others. In the present article, this legal entity is defined, and its legal nature, basis, instances, and effects are analyzed.
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  • Received 17 September 2016
  • Revise 18 October 2016
  • Accepted 06 November 2016