صفاء شكور عباس الصفة العينية للحق

Abstract

     Financial rights are divided, according to civil law, into real and personal rights. These rights differ from one another in terms of their components and subject matter. Real rights relate to a specific material thing, while personal rights are owed to the debtor by virtue of the personal right. Furthermore, real rights are exclusively included in civil law codes. They also differ in that a personal right must involve two persons and a subject matter, unlike a real right, which is limited to the subject matter and its owner. Real rights, especially subordinate ones (real securities), must have certain advantages, most notably priority, which grants the holder priority in executing the subject matter over other ordinary creditors and creditors of the private insurance holder, who are subordinate to the holder of the insurance. In addition to this advantage, the holder of the real insurance is granted the advantage of tracking to pursue the subject matter of the insurance wherever it moves or changes hands. However, we note that these advantages are not comprehensive of everything the legislator considers to be real rights in full. Rather, there are exceptions, where these advantages (tracking) are not available in all cases. Rather, they are unique in one advantage, without being limited to a fixed subject matter or a specific object. However, it applies to everything the debtor owes. On the other hand, we have seen that there are rights that possess all the characteristics of real insurance (privileges), but the legislator did not include them among the subsidiary real rights. This constitutes another contradiction, as subsidiary real rights are considered exhaustive.

Keywords: Real insurance, real right, general guarantee, privileges.