An-Najah University Journal for Research - B (Humanities)


Disposal of mortgaged property is one of the legal means by which the holder may approach the mortgagee creditor in the event that the mortgagee creditor proceeds to trace. It is worth mentioning that the Jordanian legislator did not define the concept of abandonment in its legal provisions, nor did the Jordanian Civil Law include a text authorizing the holder and guarantor in kind to practice the disposition of the property contrary to other Arab laws, which explicitly stated that the Egyptian legislator explicitly stated in Article 1060 / 1) of the Civil Code. Moreover, he did not specify the appropriate time for abandonment. He did not specify the procedures to be followed for the eviction process, so that the holder avoids the effects that can result from the traceability of the creditors, including expropriation. Finally, the Jordanian legislator did not regulate the vacillation of the mortgaged property, as did most Arab legislations. The most important recommendation is that the Jordanian legislator should set up a special regulation to vacate the mortgaged property.