Surety ,S right of deprivation defence Comparative study


AbstractSurety ship is considered as one of the most important warranties, which the creditor attempts to obtain, in return of his debt, awed by the debtor.It is worth-bearing in mind that surety ship guarantees the element of reassurance confidence between the parties of the relationship arising from the contract of surety ship.Because the contract of surety ship is aimed at adding the patrimony of the surety to that of the debtor in filing a judicial action, there is a great possibility that the creditor may require that the debt be paid by the surety, meanwhile the debtor is solvent ,rich and owns a lot of assets ,which can easily be seized , so that it is logical that enforcement must be made on these assets in the first place, and This means that if the creditor requires that the debt be paid by satisfied ,the surety can adopt the deprivation defence ,to convert the judicial demand by the creditor towards the debtor.It is also worth ,mentioning that this piece of researeh takes in to account the conditions of exercising this defence and the legal effects arising from its exercise ,in a comparative study with Islamic jurisprudence and Arab civil laws, which also of Arab civil law and daft 1986 ,finally ,the research presented some important conclusions and recommendations .To amend certain of the Iraqi civil law or to add same other suggested new articles.