A master’s thesis at the College of Law, University of Fallujah, discussing the sale of mortgaged property before the maturity of the secured debt. With the blessing of God Almighty, the College of Law discussed on Monday, 10/23/2023, a master’s thesis in private law tagged ((Sale of mortgaged property before the maturity of the secured debt - a comparative study)) and submitted by the master’s student (Sarmad Delf Hanoush). The idea of the research is directed towards studying the sales contract as a legal act, which involves under the authority of an owner who arranges His ownership is a prior real right over the sold item. The legislator found it necessary to maintain his authority to dispose of it sometimes to achieve an interest achieved by this sale, while taking into account the rights of others over the same sold item, as the holder of the accessory right prior to the sale may be harmed due to the owner’s disposal of the mortgaged item as a sale, and the damage may extend to reach the buyer of the mortgaged item, which means the necessity of protecting the interests of all parties in order to reach an integrated legal system that achieves a balance between their conflicting interests. On the other hand, the lack of The clarity of the legislative vision regarding the sale of the mortgaged property in whole or in parts before the maturity date has made it an issue facing jurisprudential theorization. It is undoubtedly necessary to research it in order to find out the most important jurisprudential opinions that have addressed this. In addition, the external sale of real estate, by which the mortgagor intends to get rid of the effort to obtain the approval of the mortgager, makes a conflict with the ownership texts exist, and therefore adequate protection must be put in place for everything that could harm the interests of the parties. Which makes us put the legal problem on the table for research, which we summarize in the goal that the legislator always seeks to achieve in his legislative texts, which is to achieve full protection for the interests of individuals, as we find that the legislative framework for selling the mortgage before the maturity of the secured debt was varied, and its provisions differed from time to time, and some of them came to declare the permissibility of selling the mortgage during the validity period of the mortgage contract - as a general rule - but the situation did not last long until special texts came. To restrict the general ruling, which in turn raised a new problem by conflicting with the ownership texts in accordance with the provisions of the amended resolution of the dissolved Revolutionary Command Council No. (1198), and then all of this leads us to question the legislator’s purpose in restricting the mortgagor’s authority to dispose of the mortgaged property through sale in the Real Estate Registration Law, and to what extent Article 317 of the same law conflicts with the amended resolution of the dissolved Revolutionary Command Council No. (1198). The discussion committee consisted of: Prof. Dr. Saddam. Faisal Cooks, Chairman, Prof. Dr. Dara Hammad Abd, Member, Prof. Dr. Habib Obaid Marza, Member, Prof. Dr. Sulaiman Barak Dayeh, Member and Supervisor. After extensive study of the thesis and the discussion committee hearing the student’s defenses for his thesis, the committee decided to accept the thesis and award the student a master’s degree. A thousand congratulations to the student for this effort he made, and may he receive a doctorate, God willing. Media Division/College of Law.
