Legal Guarantees for the Secured Creditor to Follow Up on the Mortgaged Property Registered in the Saudi System: A Comparative Study

Authors

Zaben AL-Zaben, Arab East Colleges - Saudi ArabiaFollow

DOI

https://doi.org/10.35192/jjoas-h.v23i1.6

Abstract

Even though positive protection is achieved through general collateral for creditors as a whole, the creditor cannot claim superiority over other creditors. This means that such general collateral is not sufficient for the creditor, as it cannot eliminate all the credit risks they encounter. Consequently, the creditor resorts to collateral in the form of security related to a specific real estate asset, which provides the creditor with securities in accordance with the mortgage contract. This mortgage contract can be pursued by the creditor; however, individual monitoring is subject to formal guarantees, which means that objective guarantees cannot achieve their intended effectiveness. This situation leads the creditor to seek other types of collateral or guarantees. From the above considerations, it can be stated that the main theme of this study is to try to answer the following question: To what extent can creditor rights be preserved in light of both civil and modern legislations?

Recommended Citation

AL-Zaben, Zaben (2020) "Legal Guarantees for the Secured Creditor to Follow Up on the Mortgaged Property Registered in the Saudi System: A Comparative Study," Jordan Journal of Applied Science-Humanities Series: Vol. 23: Iss. 1, Article 6.
DOI: https://doi.org/10.35192/jjoas-h.v23i1.6
Available at: https://digitalcommons.aaru.edu.jo/jjoas-h/vol23/iss1/6