This research seeks to examine the legal framework governing the sale of mortgaged properties across various legal systems, emphasizing the implications of these procedures on the rights of all parties involved, namely creditors and debtors. The findings of the study highlight considerable discrepancies in mortgage-related legislation among different nations, which significantly influence the processes of selling mortgaged properties and the safeguarding of the rights of the involved parties. It is observed that existing laws tend to offer robust protections for the rights of creditors; however, they may fall short in adequately safeguarding the interests of debtors in specific instances, particularly regarding property valuation and the determination of prices during public auctions. The results indicate that execution procedures can sometimes result in debtors unjustly losing their property rights, especially given the volatility of the real estate market. Furthermore, the study identifies a pressing need to enhance property valuation mechanisms to ensure a more transparent and fair process, thereby guaranteeing that properties are sold at prices that accurately reflect their true worth. In light of these findings, the study advocated for the formulation of mortgage-related legislation aimed at achieving a more equitable balance between the rights of debtors and creditors. Additionally, it called for enhancements to property valuation mechanisms to ensure that public auction sales occur at just prices. The necessity for improved legal oversight of execution processes was also underscored, alongside the provision of legal awareness programs for both debtors and creditors concerning their rights and responsibilities in execution matters. Lastly, the study proposed amendments to certain legislations to alleviate the effects of market fluctuations on property prices during public auctions.

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Mortgage and Judicial Execution: A Legal and Economic Study

  • Chahata Cholkami,
  • Ashraf Naeem Barham,
  • Mohamad Albasha

摘要

This research seeks to examine the legal framework governing the sale of mortgaged properties across various legal systems, emphasizing the implications of these procedures on the rights of all parties involved, namely creditors and debtors. The findings of the study highlight considerable discrepancies in mortgage-related legislation among different nations, which significantly influence the processes of selling mortgaged properties and the safeguarding of the rights of the involved parties. It is observed that existing laws tend to offer robust protections for the rights of creditors; however, they may fall short in adequately safeguarding the interests of debtors in specific instances, particularly regarding property valuation and the determination of prices during public auctions. The results indicate that execution procedures can sometimes result in debtors unjustly losing their property rights, especially given the volatility of the real estate market. Furthermore, the study identifies a pressing need to enhance property valuation mechanisms to ensure a more transparent and fair process, thereby guaranteeing that properties are sold at prices that accurately reflect their true worth. In light of these findings, the study advocated for the formulation of mortgage-related legislation aimed at achieving a more equitable balance between the rights of debtors and creditors. Additionally, it called for enhancements to property valuation mechanisms to ensure that public auction sales occur at just prices. The necessity for improved legal oversight of execution processes was also underscored, alongside the provision of legal awareness programs for both debtors and creditors concerning their rights and responsibilities in execution matters. Lastly, the study proposed amendments to certain legislations to alleviate the effects of market fluctuations on property prices during public auctions.