This study examines the legal framework governing the mortgage (pledge) of a commercial establishment, with a particular focus on comparative legal systems, including Algerian, French, and Egyptian law, as well as references to Islamic jurisprudence.
The research begins by defining the commercial establishment as a composite legal entity consisting of both tangible and intangible elements, such as clientele, trade name, lease rights, equipment, and intellectual property. It highlights that the essence of the commercial establishment lies primarily in its intangible components, especially clientele and goodwill, which constitute its economic value.
Chapter One: Establishing a Mortgage for a Commercial Establishment
Chapter Two: Effects of Mortgaging a Commercial Establishment and its Termination.