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Personal and Real Guarantees "In-Depth"

Course Description: The course covers real and personal guarantees (mortgage, surety, and lien), their provisions, and their effects in securing rights and obligations under the Saudi system.

Credit hours: 3

Objectives of the course :

The objective of this course is to introduce students to and provide them with the legal provisions governing debt security instruments. This includes understanding each instrument, its conditions, and its implications, with a particular focus on suretyship, assignment of debt, assignment of right, legal mortgage, possessory mortgage, and lien rights. This will be in accordance with the regulations issued in this regard in the Kingdom of Saudi Arabia, the Civil Transactions Law, comparative laws and legislation, and within the allocated time.

Course outputs :

Knowledge and understanding:
The student will understand the concept of sponsorship and its types.
2- The student should explain the difference between a right of privilege and a right of jurisdiction.
3. The student will become familiar with the provisions and obligations of the usufructuary and formal mortgage.
Skills:
To explain the difference between the right of privilege and the right of jurisdiction.
2. The student distinguishes between the rulings and effects of formal mortgages and possessory mortgages.
3. The student will compare the types of bail in Islamic jurisprudence and comparative law.
Values, autonomy and responsibility:
To adhere to honesty and integrity in legal work and legal cases.
2. To adhere to Islamic values and professional ethics, and to participate in finding solutions to societal issues.
3. To adhere to the values of loyalty and belonging to the homeland and its leadership.

Additional information:

Course Topics:
This course includes two sections: The first section covers topics
The following: Personal guarantees (documentation), including
Suretyship, and its study includes an introduction to suretyship, its formation, suretyship for a person, suretyship for debt, and the effects of suretyship between the surety and the creditor, and between the surety and the debtor.
Bail expired.
Debt transfer, including its definition, establishment, and effects
Assignment of Rights, including its definition, creation, and effects.
Real guarantees, including:
Official mortgage, which includes: creating the official mortgage, the effects of the official mortgage between its parties, the right of priority and the accessory right to the judiciary, the official mortgage with the possessory mortgage, which includes
Creation of pledge, effects of pledge as between parties and in relation to third parties
Imprisonment, the right of normalization and priority.
Provisions concerning certain possessory pledges: real estate pledge, movable property pledge, pledge of debts
Expiration of the mortgage
Section Two: Real Guarantees (In-Depth) Provisions of Precedence - Pledge with Possession - Effects of Pledge + Lien .

Last updated: 2026-04-16