Abstract

Reference has been made to the bailsman in rem in scattered places of the Iraqi civil law. Moreover, bailsman in rem in rem has not attracted the attention of jurisprudence in spite of the abundant writings on personal insurance and insurance in rem. Therefore, this study aims at determining the legal position of the bailsman in rem who makes an insurance in rem through an insurance or possession mortgage, whether real or movable, to insure the fulfillment of an obligation on the part of another person
To determine the legal position of the bailsman in rem, we must identify and distinguish him from others, particularly from the personal bailsman and the possession or insurance mortgager and from the possessor. Further, we must determine the legal relations connecting him with the creditor and the debtor and the legal provisions ensuing from such relations through observing the relevant legal provisions in the Iraqi civil law and the Egyptian civil law, discussing and analyzing them, and recognizing the points of strength and weakness in them, and through reviewing the varied juristic trends and adopting the best one