The Advantage of Advancement and Traceability of a Right in Kind - A Comparative Study

Abstract

The right of progress and the right to trace are among the advantages enjoyed by the right in rem. The right of progress or what is known as priority is granted to the owner of the progress over the rest of the next mortgaged creditors in rank and also progress over ordinary creditors in collecting his debt from the price of the mortgaged property.

It is an advantage against the next mortgaged creditor, and the amount of the advance means the money that the mortgaged creditor advances, which is the principal of the debt plus interest for a previous and subsequent year from the date of the claim until execution.

As for the advantage of tracing, it is against the person to whom the ownership of the mortgaged property or any right in kind has been transferred

Therefore, this advantage is not exercised if the property remains with the current debtor, as well as the advantage of tracking in a possessory mortgage is in a moral form, as stated by one of the jurists, because possession here is transferred to the mortgage creditor throughout the mortgage period.

Both progress and traceability have procedures that must be followed, so we will outline these procedures in this research and their impact.