Dr. Jalil Qanawati, Yazdan Ali Rasekh
Development and economic growth in countries and change in international
trade, compel countries that enact legislations and regulation in this context,
Afghanistan country isn’t exception of that subject. In addition to the banking
law, there are two other laws, circulars and regulations to the collateral
properties in the Afghanistan legal system. Collateral able properties in the
Afghanistan legal system are moveable property and immoveable property. This
research is analyzing aspect of collateral in Afghanistan legal regime and it’s
aim is to show common theory collateral in banking law of Afghanistan.
According to the banking law of Afghanistan, tangible properties such as
ornamentation, vehicles and other acceptable properties, un physical properties
such as commercial instrument, receivable accounts and other acceptable
unphysical properties have capacity for collateral and suretyship. Principle
collateral, principle adherence of debt, principle govern of collateral right
on property and replacement of it, principle surety of debtor property and
other’s principle diversity of collateral, are the principles that cover all of
surety properties. Revocable sale and mortgage contract are examples which
those principle govern them.