Mortgage on real estate in which settlement works are declared

Abstract

The study aimed to identify the legal nature of the lands in Palestine by highlighting the special nature of the real estate declared by the settlement works because of the great importance of these works reflected on the nature of the transactions held on them. The most important of these transactions is the mortgage transaction held on the properties declared by the settlement works and the objection that the mortgaged property may be exposed to due to the existence of settlement works that may reach the stage of stripping the current debtor of this property, which is called legal destruction, and delivering of the property to the primary owner “objector” clear of belongings and occupants, which can be reflected negatively on the legal stability of this transaction, and on the period granted to this objector to submit his objection, which despite of maintaining the rights of the basic owner of the property, it affects the stability of the registration deed resulting from the settlement work. The study also aimed to highlight alternative guarantees in the event of legal destruction of the place of the mortgage and the extent to which it is possible to inflict in-kind subrogation as a guarantee for the mortgagee creditor.