الآثار القانونية للعقود الواردة على المباني تحت التشييد : دراسة مقارنة

الملخص EN

The importance of the research appears through the absence of legal regulation for it in Iraq at a time when it was covered by the legislation of other countries, and for the spread of these sales, we chose this topic to clarify the concept of this contract, its legal adaptation, its legality, and the obligations it imposes on its parties.

It turns out that it is an independent contract of a special nature that provides protection for the buyer by providing him with adequate guarantees on the one hand and serves the interest of the seller on the other side, who may not be able to fully finance his project from his own funds, so he resorted through this technology to offer these projects for sale before completion and thus benefit from their price To start building or completing it.

It has also been shown that the formalism in this contract is of a special nature, as the ownership is transferred to the buyer under construction in this capacity when the contract is initially registered and he has the right to dispose of the property all kinds of actions, provided that the same formality is met for the validity of these actions.