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Ministry of Higher Education and Scientific Research

College of Law, Sumer University

كلية القانون جامعة سومر

P-ISSN: 3081-1082

The legal position of the mortgagor in the trademark mortgage contract “a comparative study”

Lafteh

Abstract

This study aims to investigate the issue of the legal status of analyzing the mortgagor’s obligations in the trademark mortgage contract، by explaining the adequacy of the legal texts regulating the obligations of the mortgagor debtor in mortgaging the trademark as an intangible movable thing and comparing it to Egyptian legislation، as mortgaging a trademark is truly considered a strong basis for trust in light of the increasing value of the trademark in the economy، as it is necessary to identify some of the problems facing the mortgagee creditor resulting from the use of the trademark in a way that leads to a decrease in its value as mortgaged property or the cessation of its use، which leads to Striking it from the register. In the research، I relied on the comparative approach between Iraqi legislation and Egyptian legislation. We also reached a set of results، namely that the comparative legislation، including Egyptian Law No. (82) of 2002، was more modern in that it stipulated that the mark may be mortgaged independently، while Iraqi Legislator No. 21 of 1957 relied on the concept of subordination to the commercial store as a public asset، leaving independence to the principle of agreement، and that the mortgager is considered a hidden partner in protecting the right of the mortgage creditor، and there is an obligation to It is the responsibility of the mortgagor to renew the mark before the expiry of the period specified in the mortgage.

الكلمات المفتاحية: : insurance mortgage ، obligations ، mortgagor ، mortgagee ، trademark.

منشور في:
Vol. 1 No. 2 (2026): Vol. (1), No. (2), June. 2026
تاريخ النشر:
2026-05-30
معرف الوثيقة الرقمي (DOI):
https://doi.org/10.66734/4jn67s86
الصفحات:
154 -171