The Impediments and restrictions on the right to redeem a mortgage in English law, an analytical study compared to Iraqi law

Abstract

The Clogs and Fetters on the Right of Redemption of mortgage are considered as a form of obstacles and obstructions in favour of the mortgagee, to impede the mortgagor from exercising his or her right of redemption and restore the mortgaged property. These impediments and restrictions are organized into three main groups: the first is the means to terminate the right to release the equitable mortgage and its expiry, the second is the means to delay or postpone the exercise of the right to release the mortgage, and the third is the means to obtain additiona, secondary or subsidiary benefits enjoyed by the mortgagee creditor. English law has defined six barriers or restrictions: options and secondary or subsidiary benefits, the condition of restricting trade or profession, unfair clauses, closing the mortgage and the condition of postponing the release of the mortgage. As for the Iraqi Civil Code No. (40) of 1951, which is affected by Islamic jurisprudence, it stipulates two restrictions or impediments of this type, namely: the condition of agreement on the possession of the mortgaged creditor in the event of non-payment, and the second is the condition of the paved road, or what is known as the condition of agreement on the sale The mortgaged property without going through legal procedures