Abstract

   The object of this thesis is to examine the relationship between the two parties in the coutract of mortgage and its conditions. The emphasis is on the development of the bond of legal necessity which binds together the two determinate in dividable it is limited to legal duty arising out of a special personal relationship existing between them, whether by reason of warranty of the pledge for the property under pledge could be seen in the first place as reliving of the sufficient possibility for capital (money) to meet the necessary need. At level of the legal methodological principles of mortgages contract the important paint to be emphasized in this thesis is that the pledge can be classified into possessed pledge and secured pledge. It is necessary to focus on the notion of warranty of the lien or for the objects under pledge , which to be considered as obligation created by the contract of mortgage. It is limited to legal duties arising out of reciprocal obligation existing between the parties and it implies also that if it is a possessed pledge or a secured mortgage (hypothecation) or both of them It my be important to fix the precise kind at which the contract was completed. Recording the Iraqi civil code Article (1285) the secured pledge(hypothecation) contract the debtor gained on the first mortgage particularize to performance debt as real right guaranteed by a guardian whereas the Article (1321) considered the contract of the possessed pledge as property under receivership (retention of real state) in the bond of line or from the point of content that the difference between the two kind of pledge sind the retention of real a state and the course of secured of prosecution. From the point of subject. Matter that the secured pledge related more over to movable property from the point of contracts kind that the second pledge is formal cmlvact and has to be registered in official registry whereas the possessed pledge is real and formal contract at the same time. It way also be important to deter mine the effect of secured pledge for this is relevant to specified it as unilateral contract which impose obligatims on one of the parties only (pledger) whereas the possessed pledge is described as bilateral contract which imposes reciprocal obligatims up on the two parties. Therefore the warranty of the pledge embodied only in the possessed pledge’s contract where it arise the notion of reciprocal warranties which provide as far as possible.