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Volume :45 Issue : 175 2019      Add To Cart                                                                    Download

The Legal Framework of the Rule of Non-Splitting of Mortgage in the Kuwaiti Civil Code: A Comparative Study.

Auther : Dr. Khaled A. Aldhafiri

     The Kuwaiti legislator dealt with the rule of non-splitting of mortgage in article 982 of the Civil Code, which states that "every part of the mortgaged real estate or property guarantees all the debt and every part of the debt is secured by all the real estate or mortgaged property". If that rule provides an effective security by maintaining the creditor's full rights over the mortgaged asset regardless of its value or the value of the secured debt, the rule of non-splitting of mortgage may, at the same time, have effects that may limit the transfer of funds and their circulation. Therefore, it is important to address the importance of the rule of non-splitting of mortgage for the creditor and how it could be mitigated. This is to be done in light of the legislative development defined by French law, with a view to creating a kind of balanced security, especially in the case of a mortgage that does not really correspond to the value of the secured debt.

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Dec 26, 2021

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