Conflict of accessory property rights in the Saudi civil transactions system A comparative analytical study

Document Type : Original Article

Author

Associate Professor, Faculty of Sharia Islamic University of Madinah, Kingdom of Saudi Arabia

Abstract

This research seeks to address the issue of the conflict of subordinate real rights in the Saudi civil transactions system, comparing it to Islamic jurisprudence. To this end, the research relied on the analytical and comparative approach, and was divided into an introduction and two sections. The introduction dealt with defining the research terms (conflict and real rights), then I devoted the first section to explaining the conflict in mortgage in jurisprudence and the system, by dividing it into four demands, then I devoted the second section to studying the conflict in privilege rights, and divided it into two demands. Then I concluded the research with a conclusion that included the most important results, including: Conflict in general is the occurrence of rights and their congestion in one place, which means that the occurrence of rights and their meeting in one place is what is meant by conflict. However, if the rights occur in more than one place, we are not dealing with conflict. Conflict in accessory real rights is the combination of more than one fixed and legitimate accessory real right on property related to the accessory real right itself, and that if there are multiple mortgage creditors on the same property, then the preference is according to the registration of their mortgages, regardless of the date of origin of the debt, and that the priority of the mortgage creditor in the registered non-possessory mortgage,

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The bulletin of the Faculty of Islamic and Arabic Studies for Girls in Alexandria
Volume 41, Issue 4 - Serial Number 4
First Issue (March)
March 2025
Pages 3211-3290

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