Selling cars in Iraqi law: a study in some of the decisions of the Court of Cassation

Section: Research Paper
Published
Dec 1, 1994
Pages
464-482

Abstract

The Islamic Sharia preceded the advanced legislations to make the sale count lock the property, so that the buyer of the real estate or the transferred property becomes the owner of the contract.The Iraqi Sharia has been influenced by Islamic jurisprudence in considering the contract of sale to transfer property in itself and is not limited to establishing an obligation to education or an obligation to transfer property as is the case in French law.Thus the sales contract evolved until it was directed to what it is as transferring the property as soon as the contract was concluded as a general rule .. But if it slackens its transmission until after the conclusion of the sale, then the transfer of the property itself becomes an obligation that the seller must implement, and this commitment mostly deals with other obligations so that it remains A list until these obligations are fulfilled, as is the case in the real estate transferred in respect of which the legal system of the property follows.And the sale of real estate in Iraqi law is considered one of the formal contracts, as ownership does not transfer except after following the formality assigned to it (Article 805 of the Iraqi Civil Law), and then the Iraqi legislator appended to al-Hitar the sale of the car if the sale became one of the formal contracts after the amendment to the Traffic Law (the fifth period) Article Five of the revised Traffic Law)And the importance of selling the car after it became a formal contract and the problems that can arise, we have raised its studies, highlighting the position of the Iraqi judiciary represented by the Court of Cassation, and that is in three investigations, the first of which will be about the legal nature of car registration, while the second will be about the effects of registration while the third will be of the effects Registration fails, as will be the conclusion of this study.

Download this PDF file

Statistics

How to Cite

Alfadle, J. (1994). Selling cars in Iraqi law: a study in some of the decisions of the Court of Cassation. Adab Al-Rafidayn, 24(26), 464–482. https://doi.org/10.33899/radab.1994.165827