The Scope of Mortgagee’s Protection in the Contract of Mortgage of Movables Registered in the Saudi System

Abstract

The study investigates the protection of the mortgagee of movables, focusing on the absence of possession of the mortgaged item and its replacement with the publicizing of the mortgage contract through registration in the unified register of rights over movable property. Additionally, the study explores the regulations that have expanded the scope of registered mortgages on movables, encompassing a majority of them. It examines the system's role in providing necessary protection for the mortgagee, allowing the mortgagor to possess the mortgaged movable. This process begins with the registration of the mortgage contract, continues during the term phase, and concludes with implementation at maturity when the debtor breaches their obligation. Consequently, the study assesses the system's efficacy in protecting the mortgagee, dividing the research into two chapters based on the two periods of the mortgage. The first chapter concentrates on the systemic protection of the mortgagee before the maturity of the debt, while the second addresses the period after maturity. The research concludes with a set of important results and recommendations.